- NOMINATIONS OF ANNE FERRO AND CYNTHIA L. QUARTERMAN TO THE U.S. DEPARTMENT OF TRANSPORTATION

[Senate Hearing 111-495]
[From the U.S. Government Publishing Office]

S. Hrg. 111-495

NOMINATIONS OF ANNE FERRO
AND CYNTHIA L. QUARTERMAN TO THE
U.S. DEPARTMENT OF TRANSPORTATION

=======================================================================

HEARING

before the

COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

__________

SEPTEMBER 23, 2009

__________

Printed for the use of the Committee on Commerce, Science, and
Transportation

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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas,
JOHN F. KERRY, Massachusetts Ranking
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JIM DeMINT, South Carolina
MARIA CANTWELL, Washington JOHN THUNE, South Dakota
FRANK R. LAUTENBERG, New Jersey ROGER F. WICKER, Mississippi
MARK PRYOR, Arkansas GEORGE S. LeMIEUX, Florida
CLAIRE McCASKILL, Missouri JOHNNY ISAKSON, Georgia
AMY KLOBUCHAR, Minnesota DAVID VITTER, Louisiana
TOM UDALL, New Mexico SAM BROWNBACK, Kansas
MARK WARNER, Virginia MIKE JOHANNS, Nebraska
MARK BEGICH, Alaska
Ellen L. Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce H. Andrews, General Counsel
Ann Begeman, Acting Republican Staff Director
Brian M. Hendricks, Republican Chief Counsel

C O N T E N T S

----------
Page
Hearing held on September 23, 2009............................... 1
Statement of Senator Pryor....................................... 1
Statement of Senator Lautenberg.................................. 2
Statement of Senator Hutchison................................... 3
Prepared statement........................................... 4
Statement of Senator Udall....................................... 27

Witnesses

Anne Ferro, Administrator-Designate, Federal Motor Carrier Safety
Administration. U.S. Department of Transportation.............. 5
Prepared statement........................................... 6
Biographical information..................................... 7
Cynthia L. Quarterman, Administrator-Designate, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation................................................. 15
Prepared statement........................................... 16
Biographical information..................................... 17
Hon. Benjamin L. Cardin, U.S. Senator from Maryland.............. 33
Prepared statement........................................... 33

Appendix

Hon. John Thune, U.S. Senator from South Dakota, prepared
statement...................................................... 35
Jennifer Tierney, Board Member, Citizens for Reliable and Safe
Highways (CRASH) and Daphne Izer, Co-founder, Parents Against
Tired Truckers (P.A.T.T.) on behalf of the Truck Safety
Coalition, prepared statement.................................. 35
Response to written questions submitted to Cynthia L. Quarterman
by:
Hon. John D. Rockefeller IV.................................. 38
Hon. Tom Udall............................................... 39
Hon. Kay Bailey Hutchison.................................... 40
Hon. John Thune.............................................. 41
Hon. Roger Wicker............................................ 41
Response to written questions submitted to Anne Ferro by:
Hon. John D. Rockefeller IV.................................. 42
Hon. John D. Rockefeller IV on Behalf of Hon. Sherrod Brown.. 44
Hon. Maria Cantwell.......................................... 45
Hon. Tom Udall............................................... 47
Hon. Mark Warner............................................. 48
Hon. Kay Bailey Hutchison.................................... 49
Hon. John Thune.............................................. 50

NOMINATIONS OF ANNE FERRO

AND CYNTHIA L. QUARTERMAN TO THE

U.S. DEPARTMENT OF TRANSPORTATION

----------

WEDNESDAY, SEPTEMBER 23, 2009

U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:35 p.m. in room
SR-253, Russell Senate Office Building, Hon. Mark Pryor,
presiding.

OPENING STATEMENT OF HON. MARK PRYOR,
U.S. SENATOR FROM ARIZONA

Senator Pryor. I'll go ahead and call this hearing to
order, and I want to thank all of our people here in the
audience for joining us today. We are going to have several
Senators coming and going. Given the various activities of the
Senate going on right now, they just couldn't be here at the
very beginning. But, I anticipate we'll have more than a few
come throughout the next hour or so.
This is a hearing on the nominations of Anne Ferro to be
the Administrator of the Federal Motor Carrier Safety
Administration and Cynthia Quarterman to be Administrator of
the Pipeline and Hazardous Materials Safety Administration.
I want to welcome both of you to the Committee and tell you
that we appreciate your interest in public service. You both
have extensive backgrounds that appear to me, on the first
reading at least, that you are bringing a lot to these two
administrations, and we appreciate your willingness to do that.
I want to welcome Ms. Ferro, who's been nominated to be the
Administrator of the Federal Motor Carrier Safety
Administration--FMCSA--and Ms. Quarterman, who's been nominated
to the Pipeline and Hazardous Materials Safety Administration.
We're here today to explore their qualifications, and to
lead these two very important safety agencies at the Department
of Transportation.
You both have varied experiences in the areas of
jurisdiction covered by the agency, and I look forward to
discussing these more with you and with my colleagues.
And, Ms. Ferro, the FMCSA has a broad portfolio, from
driver qualifications to vehicle regulations to protection of
consumers duped by unscrupulous household-good movers. Making
sure this agency has the right laws and regulations on the
books and the resources to enforce these laws is a very
important key to this agency's mission, and that would be
safety.
There's a lot more that FMCSA can do to have an appreciable
impact on the number of crashes, injuries, and fatalities
caused by large trucks that continue to plague our highways.
Clearly, the President has instilled his confidence in you to
do just that. If you're confirmed, we look forward to working
closely with you and help you and the FMCSA achieve its
mission.
Ms. Quarterman, likewise--PHMSA--has extensive jurisdiction
over the safety and pipelines and transportation of hazardous
materials in all modes of transportation. The safety programs
at PHMSA, like other safety programs at the Department of
Transportation, should always be made better and more effective
through the use of more accurate data and new technology
developed through continued research. We also look forward to
working with you.
With that, we have been joined by Senator Udall.
Do you have an opening statement?
Senator Udall. I do not. I would love to hear the witnesses
as soon as possible. And maybe Senator Lautenberg, who's just
come in--maybe he has a opening statement that he could----
Senator Pryor. Do you have an opening statement, or would
you rather go to the witnesses?
Senator Lautenberg. I do.
Senator Pryor. OK, go ahead.
Senator Lautenberg. My time?
Senator Pryor. Yes, your----

STATEMENT OF HON. FRANK R. LAUTENBERG,
U.S. SENATOR FROM NEW JERSEY

Senator Lautenberg.--a minute to just shape up here and I'm
ready to go.
And I thank you, Mr. Chairman and my colleague from New
Mexico, for their indulgence while we organize things.
Thank you both for being here.
The agencies that Ms. Ferro and Ms. Quarterman are
nominated to lead fall under the jurisdiction of my
subcommittee, and I thank Senator Pryor for hosting this
meeting.
And the decisions that each of you would be making would
affect the safety of our roads, our homes, schools, and
businesses.
Ms. Ferro has been nominated to lead the Federal Motor
Carrier Safety Administration--FMCSA--an agency in dire need of
reform. And, given your ties, Ms. Ferro, to the trucking
industry as--I think you know from our discussion--as head of
the Maryland Motor Truck Association, I am concerned about your
ability to take the bold action that we need to keep Americans
safe.
Every year for the past decade, nearly 5,000 people died
and 125,000 were injured in crashes with a large truck. That's
nearly 14 people a day, or 14 families torn apart by horrible,
and often avoidable, accidents. The FMCSA needs a leader who
will work to reduce these crashes, injuries, and fatalities.
Drivers and passengers should not have to fear sharing the
roads with a large truck.
Last Congress, my subcommittee held hearings on the hours-
of-service regulations put forward by the previous
Administration. These regulations would increase the time that
drivers can operate trucks without rest by 40 percent,
increasing the risk of fatigue and putting impaired drivers
behind the wheel of trucks weighing 80,000 pounds or more.
These behemoths that you see on the highway are frightening
enough just by their imposing size and weight, but when you
have run the risk of a tired driver, that makes it certainly
something to be aware of and careful of.
And even after being struck down twice in the Federal
court, the previous administration went ahead and reissued
virtually the same rules. And I hope Ms. Ferro recognizes the
fatal flaws of the current hours-of-service rule and will
commit to working with our Committee to create a better rule
that puts safety first.
And even an improved hours-of-service rule will only work
if the truckers follow it. Electronic onboard recorders, or
EOBRs, should be used on every large truck to make sure we have
accurate data on the amount of time that an operator has been
driving. Yet, the FMCSA has failed to require these recorders
on all trucks; instead, proposing a rule that would require
only 930 out of 700,000 carriers to use them. We need the
current Administration to mandate EOBRs on every large truck.
And we need Ms. Ferro's support for this mandate.
Large trucks also carry extra wear and tear on our roads,
tunnels, and bridges. And that's one reason we banned large
trucks that weigh more the 80,000 pounds and are longer than 53
feet on the interstate highway system.
Now, I've introduced a bill to extend this ban to the
larger national highway system, and will be looking to Ms.
Ferro and the Administration to join me in moving this
legislation forward.
Ms. Quarterman has been nominated to lead the Pipeline and
Hazardous Materials Safety Administration. This agency has the
critical task of ensuring the safety of the transportation of
hazardous materials, whether by air, rail, highway, or water.
One of this agency's specific duties stems from an incident in
my home state. In 1994, a natural gas pipeline explosion in
Edison killed a person, injured 100, and destroyed eight
apartment buildings. We've fought to prevent an accident like
that from happening again by requiring excess flow values in
single-family homes. And these values can automatically shut
off a ruptured line, prevent injury, protect property, and save
lives.
In 2006, this mandate became law. Unfortunately, excess
flow valves have still not been implemented. So, if Ms.
Quarterman is confirmed, we need her leadership to get these
valves into our homes, schools, and businesses.
And I look forward to a frank discussion, Mr. Chairman,
with these nominees, about how they'll advance the safety
priorities, if confirmed.
Senator Pryor. Thank you.
Senator Hutchison?

STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS

Senator Hutchison. Thank you, Mr. Chairman.
I will not add to what Senator Lautenberg has said so much,
other than, the area of bus safety has been a particular
concern of mine, and that would, of course, come under the
Federal Motor Carrier Safety Administration. I am very
concerned that we have not done some pretty simple things that
Senator Brown and I have introduced legislation to require, and
that is safety and driver qualifications of motor coaches. And
in my home State of Texas, and in Senator Brown's home state,
we have seen really amazing accidents that have killed people
for just neglect, just not having the basic safety regulations,
for instance, seatbelts, and having the requirement that there
be a certain roof strength of a motor coach, because more
people are killed being thrown out than when they can stay in
their seats and have seatbelts. So, I hope that we will be able
to move that legislation and that, when the regulation occurs,
that the Federal Motor Carrier Safety Administration will
promulgate sound regulations. And I will look forward to
hearing your opinions, Ms. Ferro, on that.
And, Ms. Quarterman, I certainly have an interest in the
Pipeline and Hazardous Materials Safety Administration, as
well, because trains are going through my home state and
throughout our country with hazardous materials in them, as are
trucks. And pipeline safety is, I think, greatly improved, but,
nevertheless, we still have fatalities in that arena. If we're
not careful, there could be more.
So, these two safety agencies are very important, and I
hope that we will be able to work through the nominations and
also have very good safety improvements that will come through
legislation to assure that, when people are on our highways or
our rails, or in a pipeline vicinity, that they will be able to
feel that they are safe.
Thank you very much.
[The prepared statement of Senator Hutchison follows:]

Prepared Statement of Hon. Kay Bailey Hutchison, U.S. Senator from
Texas
Thank you, Mr. Chairman, for holding today's hearing. The nominees
we consider today will fill key positions at two of the Department of
Transportation's chief safety agencies.
Anne Ferro, who has been nominated to serve as the Administrator of
the Federal Motor Carrier Safety Administration, will, if confirmed,
take the helm of an agency with broad responsibility over truck and
intercity bus safety. Truck safety has improved significantly since
FMCSA was established in 2000. The number of fatalities involving large
trucks has declined 14 percent and the rate of fatal accidents has
declined 16 percent. But there is still important work to be done in
ensuring unsafe trucks, unsafe truck drivers, and unsafe trucking
companies are not allowed to operate on the Nation's highways.
I am especially concerned that not enough has been done to address
the safety of intercity bus transportation. Several bus accidents in
Texas have claimed multiple lives, and it is time for Congress to act.
Senator Brown and I have introduced the S. 544, the Motorcoach Enhanced
Safety Act of 2009, which is designed to significantly strengthen
motorcoach equipment safety and driver qualifications. Our Committee
has a proud record in promoting the safety of the traveling public, and
I believe our bus safety bill would be another very important highway
safety accomplishment that will help save lives and urge the Chairman
to make this issue a priority for the Committee's action.
Today, we also consider the nomination of Cynthia Quarterman to
serve as Administrator of the Pipeline and Hazardous Materials Safety
Administration, or PHMSA. PHMSA has the important mission of overseeing
the safety of over 1 million daily shipments of hazardous materials and
2.3 million miles of pipelines. While progress has been made in
improving pipeline and hazmat safety, the number of hazmat incidents
and the number of fatalities were both higher in 2007 than in 2000. I
hope that if confirmed, Ms. Quarterman will be able to ``move the
numbers'' in the right direction.
I look forward to working with both of our nominees as the
Committee begins work on reauthorizing FMCSA and the Hazardous
Materials Transportation Act as part of the highway bill. I commend
both of them for their willingness to serve in these very important
safety agencies, and look forward to their testimony.

Senator Pryor. Thank you, Senator Hutchison.
What I'd like to do now is have our two witnesses to give
their opening statements, and, if possible, if you could keep
it to 5 minutes each, that would be great.
Ms. Ferro?

STATEMENT OF ANNE FERRO, ADMINISTRATOR-DESIGNATE, FEDERAL MOTOR
CARRIER SAFETY ADMINISTRATION, U.S. DEPARTMENT OF
TRANSPORTATION

Ms. Ferro. Again, thank you, Mr. Chairman, Ranking Member
Hutchison, and Members of the Committee.
I greatly appreciate the chance to appear before you today,
and am honored that the President would nominate me to the
position of Federal Motor Carrier Safety Administrator, and
grateful for Secretary LaHood's support.
If I might, I would like to express deep thanks to my
friends and family who are here. And, if I may, Mr. Chairman,
introduce my family; in particular, my wonderful husband and
children, Dan, Finley, and Packy Ferro, who are right behind
me; my sister, Didi Schanche, and my brother-in-law, Todd
Shields, and, in absentia, my brother, Don, Jr., and my late
parents, Marybelle and Don Schanche.
In appearing before you, I hope to share my goals to
achieve significant gains in commercial vehicle safety and to
answer any questions you may have.
Beginning with the Peace Corps 30 years ago, I've spent
most of my career in government service, with 23 years in State
government. Six of those years were in the legislative branch;
11, the executive branch; and the last 7 of those, as
Maryland's Motor Vehicle Administrator. For the past 6 years,
I've served as the President of the Maryland Motor Truck
Association, where I've learned a great deal about the
commercial vehicle industry. My professional success along the
way has rested in the guiding principles of fairness,
integrity, teamwork, respect for others, and hard work.
The Federal Motor Carrier Safety Administration's mandate
is to reduce the incidence and severity of crashes involving
trucks and buses. This has proven to be a daunting challenge in
a multisector industry where segments have such low barriers to
entry that competition for business is sometimes characterized
as ``a race to the bottom.'' But, it's a challenge we can and
must overcome, and strategies to do so have been recommended by
a wide range of groups, including the agencies on personnel,
the National Transportation Safety Board, the Office of the
Inspector General, the Government Accountability Office, safety
and labor groups, law enforcement, and the very drivers, owner-
operators, and motor-carrier companies among them.
Measures that work have been demonstrated, and the strong
safety records of drivers and carriers who use them give
witness to their effectiveness. Yet, every other hour, someone
in our country is killed in a crash with a truck or a bus, and
hundreds are injured. If it happens to someone close to you,
it's intolerable, and we shouldn't wait for that possibility.
Whoever leads this agency must foster frank discussions
about the fundamentals in the freight supply chain and
motorcoach industries that encourage participants to push the
limits and put the driving public and other commercial drivers
at risk.
Uncompensated time, compensation by the mile or load,
professional drivers classified as laborers; these are all
aspects of a supply chain model that rewards squeezing
transportation costs out of the equation. They are factors that
shift the cost onto the driving public and the professional
driver. The Administrator must take the lead in raising these
questions and opening up the discussion if we're to realize an
industry where the safest drivers and the safest motor carriers
are, in fact, the most competitive; not the other way around.
Furthermore, the agency must get on with considering a
universal electronic onboard recorder rule, improving the
hours-of-service rule, rolling out tougher standards for entry,
implementing effective identification of, and sanctioning of,
high-risk carriers.
Mr. Chairman and members of the Committee, should I be
confirmed, I am committed to working with you and your staff on
these very difficult and vitally important challenges.
Again, I'm grateful for your consideration today, and look
forward to answering any questions you may have.
Thank you.
[The prepared statement and biographical information of Ms.
Ferro follows:]

Prepared Statement of Anne Ferro, Administrator-Designate, Federal
Motor Carrier Safety Administration. U.S. Department of Transportation
Thank you Chairman Rockefeller, Ranking Member Hutchison and
members of the Committee for the chance to appear before you today. I
am honored that the President has nominated me to the position of
Federal Motor Carrier Safety Administrator and am grateful to Secretary
LaHood for his support. Deep thanks to the friends and family who have
joined me, in particular my wonderful husband and children--Dan, Finley
and Packy Ferro--my sister and brother in law, Didi Schanche and Todd
Shields, and in absentia my brother Don Jr. and my late parents Don and
Marybelle Schanche.
In appearing before you, I hope to share my goals to achieve
significant gains in commercial vehicle safety and to answer any
questions you may have.
Beginning with the Peace Corps 30 years ago, I have spent most of
my career in state and local government. Six of those years were in the
legislative branch and 11 the executive branch, with the last 7 as
Maryland's Motor Vehicle Administrator. As Administrator, I led the MVA
to significant gains in customer service and safety including a strong
graduated licensing program for new drivers.
For the past 6 years, I have served as President of the Maryland
Motor Truck Association where I've learned a great deal about the
commercial vehicle industry. My professional success along the way has
rested on the guiding principles of fairness, integrity, teamwork,
respect for others and hard work. I am a public servant at heart with a
passion for highway safety and a commitment to good government.
The Federal Motor Carrier Safety Administration's mandate is to
reduce the incidence and severity of crashes involving trucks and
buses. This has proven to be a daunting challenge in a multi-sector
industry where segments of it have such low barriers to entry that
competition for business is sometimes characterized as a race to the
bottom. But it's a challenge we can and must overcome, and strategies
to do so have been recommended by a wide range of stakeholders
including agency personnel, the National Transportation Safety Board,
the agency's own Inspector General, survivors advocacy groups, law
enforcement agencies, the best drivers, owner operators, and motor
carrier companies. Measures that work have been demonstrated and the
strong safety records of the drivers and carriers who use them give
witness to their effectiveness.
Yet, every other hour someone in our country is killed in a crash
with a truck or motorcoach and hundreds are injured. If it happens to
someone close to you it's intolerable--we shouldn't have to wait for
that possibility. Whoever leads this agency must foster frank
discussions about the fundamentals in the freight supply chain and
motorcoach industries that encourage participants to push the limits
and put the driving public and other commercial drivers at risk.
Uncompensated time, compensation by the mile or load, professional
drivers classified as laborers--these are all aspects of a supply-chain
model that rewards squeezing transportation costs out of the equation;
factors that shift the cost onto the driving public and professional
driver.
The Administrator must take the lead in raising questions and
opening up the discussion if we are to realize a commercial vehicle
industry where the safest drivers and safest motor carriers are the
most competitive, not the other way around. Furthermore, the agency
must get on with considering a universal electronic on board recorder
rule, improving the Hours of Service rule, rolling out tougher
standards for entry, implementing effective identification and
sanctioning high risk carriers.
Mr. Chairman and Members of the Committee, should I be confirmed, I
am committed to working with you and your staff on these difficult and
vitally important challenges. Thank you for your consideration. I'll be
pleased to answer any questions you may have.
______

a. biographical information
1. Name (Include any former names or nicknames used):

Anne Schanche Ferro (1990 to present).

Anne Waddington Ferro (1989-1990).

Anne Waddington Schanche (1957-1989).

2. Position to which nominated: Federal Motor Carrier Safety
Administrator, Department of Transportation.
3. Date of Nomination: July 16, 2009.
4. Address (List current place of residence and office addresses):

Residence:Information not released to the public.

Office: 3000 Washington Blvd., Baltimore, MD 21230.

5. Date and Place of Birth: September 24, 1957; District of
Columbia.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

Husband: Daniel James Ferro, Sales and Assistant Manager, May
2008-March 2009, Boaters World, Annapolis and Glen Burnie, MD;
Before and after the above dates, stay-at-home parent;
children: Finley Anne Ferro, 18 years old; Patrick James Ferro,
17 years old.

7. List all college and graduate degrees. Provide year and school
attended.

Masters Degree, School of Public Policy, University of
Maryland, College Park, MD, 1982-1984.
Bachelors Degree, St. John's College, Annapolis, MD, 1977-1980.

8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.

President and CEO, Maryland Motor Truck Association , 12/03 to
present.

Administrator, Maryland Motor Vehicle Administration, 2/97-11/
03.

Associate Administrator, Maryland Motor Vehicle Administration,
11/92-1/97.

Committee Staff/Fiscal Analyst, Maryland General Assembly, 11/
86-10/92.

Economic Development Coordinator, Tri-County Council for So.
MD, 5/85-11/86.

Marketing Associate, Nautical & Aviation Publishing Co., MD,
1984-1985.

College Recruiter, Research Assistant, University of Maryland,
1982-1984 (while in graduate school).

Waitress, Maryland Inn, MD 1981.

Peace Corps, Cote D'Ivoire, West Africa, 1980-1981.

9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
Committee member on the following government-created entities, un-
compensated:

2009 Attainment Report Advisory Committee, Maryland Dept. of
Transportation (2008-2009).

Commercial Drivers License Advisory Committee, established
under section 4135 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU) (2007-2008).

Quality Cargo Handling Action Team--Containers, Maryland Port
Administration (2005 to present).

Maryland Highway Centennial Executive Committee (2007-2008).

Howard County U.S. 1 Corridor Improvement Strategy Advisory
Committee (2007-2008).

Baltimore Regional Transportation Board Freight Movement Task
Force (2004 to present).

Maryland Strategic Highway Safety Plan Executive Committee
(2005-2007).

Maryland Department of Transportation Commercial Vehicle
Information Systems Network (CVISN) Executive Steering
Committee (2005-2009).

On behalf of Maryland Motor Truck Association, served as a paid
(to the MMTA) subcontractor on a Port Truck Emissions Reduction
project managed by the Maryland Environmental Service on behalf
of the Maryland Port Administration (2008 to present).

11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.

Port of Baltimore Tricentennial Committee--Secretary/Treasurer
(2005-2009).

Annapolis High School PTSA--Treasurer (2007 to present).

Maryland Highway Safety Foundation, Executive Committee (2008
to present).

Greater Baltimore Committee Transportation Funding Task Force--
Co-Chair (2008-2009).

HELP, Inc.--Board member (2007-2009).

Touchstones Discussion Project--Board member (2004-2005).

Science Applications International Corporation (SAIC)--
Consultant (2006-2007).

12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.

Leadership Maryland (2001 to present)--Does not restrict
membership.

American Association of Motor Vehicle Administrators (1995-
2003). Positions held: Officer, Treasurer, AAMVANet Chair--Does
not restrict membership.

Council of Minority Transportation Officials (2003 to present).
Position held: Officer--Does not restrict membership.

Annapolis High School PTSA (2003 to present). Position held:
Treasurer--Does not restrict membership.

Trucking Association Executive Council (2006 to present).
Position held: Region 1 Vice Chair--Does not restrict
membership.

Women's Traffic Club of Baltimore (2007 to present)--Does not
restrict membership.

Annapolis Ice Hockey Club (2006-2008)--Does not restrict
membership.

Annapolis Athletic Club (2008)--Does not restrict membership.

Boy Scout Troop 771 Annapolis (2003-2008). Position held: Adult
membership chair--Local troop did not restrict membership but
Boy Scouts of America restricts based on gender.

13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
No campaigns or debt. I was appointed Administrator of the Maryland
Motor Vehicle Administration and served from 1997 to 2003.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.

American Trucking Association, PAC

2004--$500

2005--$750

2006--$250

2007--$250

2008--$250

15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements: None.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.

Letter to Editor of Baltimore Sun on Hours of Service rule 1/
10/09; New Rules Improve Truck Safety.''

6/2008--In my capacity as Maryland Motor Truck Association
President, on behalf of the Maryland Movers Conference, I
appeared in a consumer information video warning against rogue
moving companies.

In my capacity as Maryland Motor Vehicle Administrator from
February 1997 to November 2003, I regularly spoke to groups that
included the American Association of Motor Vehicle Administrators
(topic--drivers license integrity), highway safety organizations (high
risk driver intervention strategies), state government meetings
(performance measurement), to name a few. My public speaking duties
continued but significantly less so in my first few years as Maryland
Motor Truck Association President other than an occasional presentation
to a community group or MMTA conference. In the last few years I have
spoken periodically to highway safety. industry, and community
organizations including those listed below on topics ranging from
highway funding, highway safety, women in leadership, and the motor
carrier industry:

2009:

1/15--Maryland Transportation Authority, Impact of proposed
toll hike on Maryland business.

2/27--Women in Transportation Seminar/MD Chapter, Importance of
freight planning.

2008:

3/27--Women in Maritime History, Keynote: Transportation
Infrastructure.

6/18--TRB Summer Ports, Waterways, Freight, and International
Trade Conference--panel presenter: ``Integrating Different
Freight Interests by Scale.''

11/6--Maryland Chamber of Commerce, Transportation Funding.

11/13--MMTA Western MD Chapter Meeting, Climate Change-
Strategies for the Industry.

11/20--Rotary of Salisbury, MD. MMTA and Truck Impact/Safety.

2007:

9/18--National Environmental Justice Advisory Council--
``Maryland Goods Movement Experience.''

17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.

April 4, 2000--Committee on Appropriations: Subcommittee on
Transportation.

Topic: Driver's Privacy Protection Act of 1994: Hearing
focusing on the positive notification requirement provisions of
the Act. I was serving in the position of Maryland Motor
Vehicle Administrator at the time.

Overcome distrust of the agency held by stakeholders. Effective
government regulation, while at times it may be motivated by a
few good lawsuits, cannot be sustained in the courtroom.

Refocus the agency's attention and talent to implementing
timely, effective rulemakings on key safety improvements
including: Electronic On-Board Recorders; Entry Level Driver
Training, a centralized database on drug testing/DOT physicals
and safety improvements pertaining to commercial vehicle
industry operations.

Have good working relationships with the authorizing and
appropriations committees in Congress; work effectively with
the states on grant and program development; and above all
serve the President and Secretary of Transportation in
accordance with their expectations.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I have a Maryland Motor Truck Association 401(k) retirement account
that is managed by Great West Retirement Services.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will he resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
Throughout my career in the public and private sectors I have
sought opportunities to positively influence the development,
administration and execution of effective public policy and private
action. After becoming Maryland's Motor Vehicle Administrator in 1997,
I lead the Administration's graduated drivers licensing initiative and
influenced legislative proposals to toughen penalties on aggressive
drivers, require ignition interlocks for repeat drunk drivers, and
adopt Federal requirements under the Motor Carrier Safety Improvement
Act of 1999, to name a few. Beginning in 2004, as the president of the
Maryland Motor Truck Association and its registered state lobbyist, I
influenced a proposal to clarify that certain owner operators were
``independent contractors'' for purposes of unemployment insurance,
advanced a change in state law to establish even-handed indemnification
in transportation services contracts between shippers and motor
carriers, and lobbied for approval of a state transportation trust fund
revenue increase.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain.
I was fined $250 in early 2008 by the Maryland State Ethics
Commission for filing the annual lobbyist registration one month late.
I paid the fine and the matter was resolved.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
As Administrator of the Maryland Motor Vehicle Administration from
1997 to 2003, I was named as a party in my official capacity in
numerous cases. Please see the attached list of cases.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

resume of anne s. ferro
Employment History
President and CEO, 12/03 to present, Maryland Motor Truck
Association, Baltimore, MD.

Serve as Chief Executive Officer of the trucking industry's
trade association in Maryland, serving 1,000 member companies;
manage association's finances, revenue development, operations,
member services and outreach, conference/event planning.

Collaborate with government, non-profit, and community groups
to improve industry safety and efficiency, and advance
environmental and freight planning goals.

Achieved high member retention, strong membership and revenue
growth, improved event participation, expanded member services,
and legislative successes important to the economic vitality
and safety of the trucking industry.

Administrator, 12/97-11/03, Motor Vehicle Administration, Glen
Burnie, MD.

Served as CEO of the Maryland agency responsible for driver and
vehicle services through a statewide network of 25 offices,
1700 employees, and budget of $125 million.

Achieved state and national prominence by implementing a 5-year
business plan to improve customer satisfaction, upgrade the
work force, produce more secure drivers license, and deliver
MVA services via online and telephonic media by 2004.

Implemented graduated licensing for new drivers, ground-
breaking research to advance the safety and mobility of older
drivers, and ignition interlock programs for drunk drivers.

Reduced average wait times from 70 minutes to 32 minutes and
increased customer satisfaction to 91 percent during leadership
tenure.

Associate Administrator, 11/92-1/97, Motor Vehicle Administration,
Glen Burnie, MD.

Directed three divisions of the MVA with 400 employees and $29
million operating budget, improving productivity within
available resources.

Implemented electronic solutions to MVA vehicle services,
including CVISN and registration renewal by Internet and kiosk.

Coordinated MVA's legislative agenda as liaison and bill
drafter.

Legislative Committee Staff/Fiscal Analyst, 11/86-10/92, Maryland
General Assembly, Annapolis, MD.

Provided fiscal counsel and analysis as staff to the House Ways
and Means Committee during five consecutive General Assembly
Sessions.

Conducted special studies on transportation taxes, state/local
fiscal relations, education funding, inheritance taxes, and
public safety.
Other Background Information
Education

BA, 1977-1980, St. John's College, Annapolis, MD.

MPM, 1982-1984, School of Public Affairs, UMD, College Park, MD.

Certificate, 1996, MD Gov't Executive Institute, Wye Island, MD.

Certificate, 2001, Leadership Maryland, Statewide.
Other Work Experience
United States, Sri Lanka, Egypt, Cote d'Ivoire.

Economic Development Coord., 1985-1986, Tri-County Council for
Southern Maryland.

Marketing Associate, 1984-1985. Nautical & Aviation Publishing Co,
Maryland.

Peace Corps, English Teacher, 1980-1981, Cote D'Ivoire, West
Africa.

College recruiter, Fulbright participant in Sri Lanka, Arabic
student in Egypt, mountaineer and cook/horse-packer (WY), waitress,
sailing instructor (MD), stable-hand. (NY)
Boards and Committees: (executive committee or officer)

2008-2009, Transportation Funding Task Force, Greater Baltimore
Committee.

2008 to present, Maryland Highway Safety Foundation Executive
Committee.

2007 to present, Annapolis High School Parent Teacher Student
Association, Treasurer.

2007-2009, HELP, Inc., Officer of board governing electronic truck
bypass system.

2006 to present, Trucking Association Executive Council--Region 1
Vice Chair.

2005-2009, Port of Baltimore Tri-centennial Committee, Treasurer.

2004-2005, Touchstones Discussion Project, Officer.

1995-2003, American Association of Motor Vehicle Administrators:
International Treasurer, AAMVA; International Officer of the AAMVA
Board; AAMVAnet Chairman.
______

Anne Ferro--Attachment to Question C.3
------------------------------------------------------------------------
Case Number/
Cite Court Filing Date Case Caption
------------------------------------------------------------------------
348 Md. 593 Maryland Court of 2/10/1998 Anne S. Ferro v.
Appeals William Michael Lewis
20C98003465 Talbot County 6/12/1998 Hardisty vs. Motor
Circuit Court Vehicle
Administration, et al.
80400160011998 Towson District 6/30/1998 (Parker, David) vs.
.00 Court (Ferro, Anne S.)
03C98011389 Baltimore County 11/16/1998 Baltimore County
Circuit Court Employees FCU vs.
Ferro, et al.
02C98051436 Anne Arundel 12/15/1998 Lambertine Jones, Jr.
County Circuit vs. Anne S. Ferro, et
Court al.
20C99003657 Talbot County 2/25/1999 McLendon vs. Motor
Circuit Court Vehicle Administration
02C99055508 Anne Arundel 6/11/1999 Lloyd Ernest Hadel vs.
County Circuit Motor Vehicle
Court Administration, et al.
02C99055516 Anne Arundel 6/11/1999 Jamie Wilson Marshall
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055522 Anne Arundel 6/11/1999 Donielle Marie Kight
County Circuit Moheng, et al., vs.
Court Motor Vehicle
Administration, et al.
02C99055525 Anne Arundel 6/11/1999 Eva Hilda Hebron vs.
County Circuit Motor Vehicle
Court Administration, et al.
02C99055528 Anne Arundel 6/11/1999 Steve Lee Miles, Sr.
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055530 Anne Arundel 6/11/1999 Richard Joseph Coleman
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055533 Anne Arundel 6/11/1999 Lauretia Eve Edwards
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055537 Anne Arundel 6/11/1999 Charles Stephen Dewey
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055538 Anne Arundel 6/11/1999 Charles Arnold
County Circuit Deshields vs. Motor
Court Vehicle
Administration, et al.
02C99055547 Anne Arundel 6/11/1999 Colin Howard Carey vs.
County Circuit Motor Vehicle
Court Administration, et al.
02C99055548 Anne Arundel 6/11/1999 Jung Wook Kim vs. Motor
County Circuit Vehicle
Court Administration, et al.
02C99055551 Anne Arundel 6/11/1999 Shawn Averic Rowley, et
County Circuit al. vs. Motor Vehicle
Court Administration, et al.
02C99055553 Anne Arundel 6/11/1999 Leonard William King,
County Circuit et al. vs. Motor
Court Vehicle
Administration, et al.
02C99055554 Anne Arundel 6/11/1999 Matthew Morkus Shallal
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055587 Anne Arundel 6/11/1999 Daniel Stewart Magill
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055588 Anne Arundel 6/11/1999 Robert Gregory Peck vs.
County Circuit Motor Vehicle
Court Administration, et al.
02C99055591 Anne Arundel 6/11/1999 Susan Denise Stoutamyer
County Circuit vs. Motor Vehicle
Court Administration. et al.
02C99055594 Anne Arundel 6/11/1999 Charles James Wood vs.
County Circuit Motor Vehicle
Court Administration, et al.
02C99055595 Anne Arundel 6/11/1999 Steven Harvey Shores
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055596 Anne Arundel 6/11/1999 Louis Craig Castagnola,
County Circuit Jr. vs. Motor Vehicle
Court Administration. et al.
02C99055597 Anne Arundel 6/11/1999 Andrea Dawn Tenley vs.
County Circuit Motor Vehicle
Court Administration, et al.
02C99055598 Anne Arundel 6/11/1999 Darlene Louise Scaggs
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055599 Anne Arundel 6/11/1999 Suzanne Louise Belser
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055600 Anne Arundel 6/11/1999 Curtis Moran Fenner,
County Circuit Jr. vs. Motor Vehicle
Court Administration, et al.
02C99055602 Anne Arundel 6/11/1999 Daniel Neal Durity vs.
County Circuit Motor Vehicle
Court Administration, et al.
02C99055603 Anne Arundel 6/11/1999 Genevieve Laxada Friend
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99055592 Anne Arundel 6/15/1999 Gary David Zittle vs.
County Circuit Motor Vehicle
Court Administration. et al.
02C99056331 Anne Arundel 7/15/1999 Jeffrey Richard Jamison
County Circuit vs. Motor Vehicle
Court Administration, et al.
02C99056463 Anne Arundel 7/20/1999 Brian Michael Vuicich
County Circuit vs. Motor Vehicle
Court Administration, et al.
CAL9928631 Prince George's 12/3/1999 Seman vs. Ferro
County Circuit
Court
02C00062893 Anne Arundel 4/27/2000 Rory Philip Callahan
County Circuit vs. Anne S. Ferro
Court
14C00004723 Kent County 8/3/2000 Rodney Francis Naundorf
Circuit Court vs. Motor Vehicle
Administration
03C00009066 Baltimore County 9/1/2000 In The Matter of: Motor
Circuit Court Vehicle
Administration, et al.
12C00003231 Harford County 12/1/2000 Robert C. Stolzenbach
Circuit Court vs. Anne S. Ferro
CAE0100370 Prince George's 1/5/2001 Capital Auto vs. Ferro
County Circuit
Court
14C01004855 Kent County 1/26/2001 Karl Lloyd Allspach vs.
Circuit Court State of Maryland
Office of
Administrative
Hearings
02C01073348 Anne Arundel 7/30/2001 Stacy Zook vs. Elpidio
County Circuit Martinez
Court
20C01004332 Talbot County 8/14/2001 Kenneth W Petrella Jr.
Circuit Court vs. Erin H. Leff
03C01009619 Baltimore County 9/17/2001 Hollinshead vs. Ferro
Circuit Court
20C02004437 Talbot County 1/8/2002 Kathleen Nolan vs.
Circuit Court Motor Vehicle
Administration
13C02051152 Howard County 2/27/2002 Motor Vehicle
Circuit Court Administration, et al.
vs. Crocker
01C02020623 Allegany County 4/18/2002 Martz vs. Coleman, et
Circuit Court al.
23C02000828 Worcester County 7/16/2002 Constance Jean Keen vs.
Circuit Court State of Maryland
Motor Vehicle
Administration
56Fed. Fourth Circuit 2/20/2003 Roby v. Roby
Appx.172 Court of Appeals
03C03002958 Baltimore County 3/19/2003 Friedman vs. Craig
Circuit Court
24C03002220 Baltimore City 4/3/2003 Victor L.D. White vs.
Circuit Court Anne Ferro, et al.,
HTTP/1.1 200 OK
02C03088781 Anne Arundel 4/21/2003 Motor Vehicle
County Circuit Administration vs.
Court Patrick Brinson
06C03038661 Carroll County 5/20/2003 In The Matter of: Jason
Circuit Court R. McCracken
18C03000764 Saint Mary's 6/27/2003 Dayton, et al. vs.
County Circuit Ferro, et al.
Court
13C03055682 Howard County 7/1/2003 Mazur vs. State of
Circuit Court Maryland Motor Vehicle
Administration, et al.
02C03091468 Anne Arundel 8/15/2003 Sandra Noyes vs. State
County Circuit of MD Motor Vehicle
Court Administration, et al.
13C03056848 Howard County 11/3/2003 Western Surety Company
Circuit Court vs. Ferro, et al.
------------------------------------------------------------------------

Senator Pryor. Thank you.
Ms. Quarterman?

STATEMENT OF CYNTHIA L. QUARTERMAN,

ADMINISTRATOR-DESIGNATE, PIPELINE AND

HAZARDOUS MATERIALS SAFETY ADMINISTRATION,

U.S. DEPARTMENT OF TRANSPORTATION

Ms. Quarterman. Chairman Pryor, Ranking Member Hutchison,
and other distinguished members of the Committee, it's a
privilege to appear before you this afternoon.
I welcome the opportunity to testify today with this other
distinguished nominee as you consider my nomination to serve as
the Administrator of the Pipeline and Hazardous Materials
Safety Administration of the United States Department of
Transportation. I'm honored to have been nominated by President
Obama for this important position, and, if confirmed, I look
forward to joining Secretary LaHood and his strong leadership
team at the Department. My plan is to dedicate myself fully,
working closely with you, to ensuring that PHMSA meets its
vital safety mission.
At your indulgence, I'd like to take a moment to publicly
thank my husband, Pantelis Michalopoulos, who is here with me
today, and our 3-year-old daughter Charis, for their unwavering
support of my decision to return to public service, as well as
a host of family and friends, here and elsewhere.
As the Committee is well aware, PHMSA is in its infancy,
having been established only 3 years ago to ensure the safe and
environmentally sound transportation of hazardous materials
throughout our country.
I believe that my more than 20 years of experience in
private practice and government service in the transportation
of hazardous materials by pipeline provides me with the
necessary substantive knowledge to lead this agency forward.
In addition, I believe that my government service at the
Department of the Interior and my private practice at Steptoe &
Johnson have provided me with substantial management and
leadership experience that will help me to succeed in the
position for which I have been nominated.
My work experiences have given me an excellent perspective
on how organizations and their personnel work, how to ensure
focus on mission objectives and achieve the performance results
that the Administration, the Congress, and the public expect
and deserve.
As director of the Minerals Management Service, I had the
overall management responsibility for an organization of more
that 1200 employees, with a budget of more than $200 million
and a revenue collections in the billions. One of its primary
roles was oversight of mineral, oil, and gas exploration,
production, and development on the Nation's outer continental
shelf, which involved the use, exploitation, and transportation
of hazardous materials, including by pipeline. I oversaw a team
of inspectors, engineers, and scientists who helped to ensure
that the agency's safety and environmental protection missions
were fulfilled, despite operating in a period of great
expansion into the deepest offshore areas. It was fulfilled
without any serious incident. We worked hand in hand with other
entities, including the Coast Guard, the Research and Special
Programs Administration (PHMSA's predecessor agency), the
National Oceanic and Atmospheric Administration, the
Environmental Protection Agency, the States, the environmental
community, industry, and many others.
Owing to its offshore development mandate, Mineral
Management Service's programs were often controversial. I
nonetheless was able to move the agency from conflict toward
consensus. One indication of that success was the MMS's receipt
of the Hammer Award for Innovation in Government during my
tenure there.
If confirmed, I will do everything in my power to improve
the operations of PHMSA, so that we, as a Nation, can provide
the highest caliber of safety for the transportation of
hazardous materials to protect our communities and the public
at large.
Mr. Chairman and other distinguished members of the
Committee, if confirmed, I commit to you that I will work with
you diligently to fulfill the responsibilities entrusted to me.
Thank you.
[The prepared statement and biographical information of Ms.
Quarterman follows:]

Prepared Statement of Cynthia L. Quarterman, Administrator-Designate,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation
Chairman Rockefeller, Senator Hutchison and other distinguished
members of the Committee, it is a privilege to appear before you this
afternoon.
I welcome the opportunity to testify today with this other
distinguished nominee as you consider my nomination to serve as the
Administrator of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) of the United States Department of
Transportation. I am honored to have been nominated by President Obama
for this important position and, if confirmed, look forward to joining
Secretary LaHood and his strong leadership team at the Department. My
plan is to dedicate myself fully, working closely with you, to ensuring
that PHMSA meets its vital safety mission.
At your indulgence, I would like to take a moment to publicly thank
my husband, Pantel is Michalopoulos, who is here with me today, and our
three-year old daughter, Charis, for their unwavering support of my
decision to return to public service.
As the Committee is well aware, the agency is in its infancy,
having been established only 3 years ago to ensure the safe and
environmentally sound transportation of hazardous materials through our
country. I believe that my more than 20 years of experience, in private
practice and government service, involving the transportation of
hazardous materials by pipeline provides me with the necessary
substantive knowledge to lead this agency forward. In addition, I
believe that my government service at the Department of the Interior
and my private practice at Steptoe & Johnson, LLP, have provided me
with substantial management and leadership experience that will help me
to succeed in the position for which I have been nominated. My work
experiences have given me an excellent perspective on how organizations
and their personnel work, how to ensure focus on mission objectives and
achieve the performance results that the Administration, the Congress
and the public expect and deserve.
As Director of the Minerals Management Service (MMS), I had the
overall management responsibility for an organization of more than
1,200 employees with a budget of more than $200 million and revenue
collections in the billions. One of its primary roles was the safe and
environmentally sound oversight of mineral, oil and gas exploration,
development and production on the Nation's outer continental shelf.
Those operations involve the use, exploitation and transportation of
hazardous materials, including by pipeline. I oversaw a team of
inspectors, engineers, and scientists who helped to ensure that the
agency's mission was fulfilled despite operating in a period of great
expansion into the deepest offshore areas, and fulfilled it was without
any serious incident. We worked hand-in-hand with other entities,
including the Coast Guard, PHMSA's predecessor agency, NOAA, EPA, the
states, the environmental community, industry and many others. Owing to
the offshore development nature of its mandate, MMS's programs were
often controversial; I nonetheless was able to move the agency from
conflict toward consensus. One indication of that success was the MMS's
receipt of the Hammer Award for innovation in government. If confirmed,
I will do everything in my power to improve the operations of PH MSA
continuously so that we as a Nation can provide the highest caliber of
safety for the transportation of hazardous materials to protect our
communities and the public at large.
Mr. Chairman and other distinguished Members of the Committee, if
confirmed, I commit to you that I will work diligently to fulfill the
responsibilities entrusted to me. Thank you.
______

a. biographical information
1. Name (Include any former names or nicknames used): Cynthia
Louise Quarterman; family nicknames--Cindy or Cyndi.
2. Position to which nominated: Administrator, Pipeline and
Hazardous Materials Safety Administration, Department of
Transportation.
3. Date of Nomination: September 15, 2009.
4. Address (List current place of residence and office addresses):

Residence: Information not released to the public.

Office: Steptoe & Johnson, LLP, 1330 Connecticut Avenue, NW,
Washington, DC 20036.

5. Date and Place of Birth: April 6, 1961; Savannah, GA.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

Spouse: Pantelis Michalopoulos, Partner, Steptoe & Johnson LLP;
Daughter-- Charis Michalopoulos, Birthdate: September 3, 2006.

7. List all college and graduate degrees. Provide year and school
attended.

Northwestern University, B.S., Industrial Engineering, 1983.
Columbia University School of Law, J.D., 1987

8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.

Post-Undergraduate Employment

IBM, Cost Engineer, Owego, NY 1983-84, 6/85-9/85.

Broome County Legal Assistance Corp., Binghamton, NY 6/85-9/85.

Morrisey & Thrope, Legal Intern/Summer Associate, New York, NY
6/86-8/86.

Benson & McKay, Associate, Kansas City, MO 5/87-6/88.

Steptoe & Johnson, LLP, Associate, Washington, D.C. 7/88-7/93.

Department of the Interior, Minerals Management Service (MMS),
Deputy Director, 7/93-3/95; Director, 3/95-2/99.

Department of the Interior, Office of Surface Mining, Interim
Management Team, 11/93-94.

Steptoe & Johnson, LLP, Partner, Washington, D.C. 9/99-present.

Highlighted Employment

Department of the Interior, Minerals Management Service, Deputy
Director, 7/93-3/95; Director, 3/95-2/99.

Department of the Interior, Office of Surface Mining, Interim
Management Team, 11/93-94.

Steptoe & Johnson, LLP, Partner, Washington, D.C. 9/99-present.

9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
Presidential Transition Team, Department of Energy, Agency Review,
November-December 2008.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.

Partner, Steptoe & Johnson, LLP (1999-present).

President and Board member, Columbia Law School Alumni
Association of Washington, D.C. (2004-present).

National Council member, Shakespeare Theatre Company (2005-
present).

Executive Committee and Advisory Board member, Institute of
Energy Law (2002-present).

Editorial Advisory Board member, Natural Gas Magazine (2000-
present).

Board member, American Friends of the New Acropolis Museum
(2008-present).

Agent, Philip Blackpeat author of ``The War of Art'' (2004-
present).

From 1999 to present, American Bar Association (Vice Chair Oil
and Natural Gas Exploration and Production Committee, Section
of Environment, Energy, and Resources 2001-03).

Energy Bar Association (Chair, Environment and Public Lands
Committee, 2002-03), 1999-present.

Women's Bar Association, 1999-present.

American Friends of the New Acropolis Museum, 2008-present.

Columbia Law School Alumni Association of Washington, DC
(President 2004-08, Board member 2000-present).

Columbia Law School Alumni Association, from at least 1999-
present.

Northwestern University Alumni Association, from at least 1999-
present.

Institute of Energy Law, 2001-present.

District of Columbia Bar, 1989-present.

Missouri Bar 1987-present.

Federal Bar Association, from about 1999-2001.

Women's Council on Energy and the Environment, 2000-present.

Columbia Hospital for Women Board of Directors, 1999-2002.

13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Yes, I was Deputy Director and then Director of the Minerals
Management Service at the Department of the Interior. I have never
campaigned for office.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.

Barack Obama for President $4,600 2/2007-7/2008
John Kerry for President $2,000 3/2004
Al Gore for President $1,000 4/1999-5/2000
Jean Carnahan $500 10/2002
DNC $971 4/2003-7/2008
Steptoe & Johnson LLP PAC $500 2/2008

On a volunteer basis, I provided policy advice to the Gore, Kerry
and Obama Presidential campaigns about energy issues relating to
moratoria on the outer continental shelf and its exploration and
development.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.

National Achievement Scholarship.

National Action Council for Minorities in Engineering
Scholarship.

Phi Eta Sigma Honor Society.

Alpha Lamba Delta Honor Society.

Department of the Interior Unit Award for Excellence of
Service.

Tahirh Justice Center Certificate of Appreciation.

Washington Lawyers Committee Pro Bono Recognition.

16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.

Publications

On MMS's regulations under The Energy Policy Act of 2005 for
alternative energy-related uses on the Outer Continental Shelf,
Lexis/Nexis Expert Commentary, Sept. 2008.

On MMS's Rule on Open and Non-discriminatory movement of oil
and gas as required by the Outer Continental Shelf Lands Act,
Lexis/Nexis Expert Commentary, July 2008.

MMS Regulations, Case Law Governing the deductibility of post-
production costs on Federal and offshore leases, 57th Annual
Conference on Oil and Gas Law, Feb. 2006.

Transparency and Change Management White Paper for Nigeria's
Extractive Industries Transparency Initiative, Apr. 2005.

Law of LNG: U.S. Terminals offshore, Institute of Energy Law,
Sept. 2004.

Oil and Gas Leasing and Permitting, Advanced Conference on
Federal Lands and Natural Resources Law, Sept. 2003.

MMS, Interior in Center of Debate about production activity,
Regulation 2002, Chapter 16, Natural Gas & Electric Power
Industries Analysis: 2002 Edition, a New Annual Series.

Sale 181--an opportunity missed?, Oil & Gas Journal, July 9,
2001.

OPA 1990 at Ten, Natural Resources and Environment, Summer
2000.

FERC OCS Regulation Still Needs Clarification, Natural Gas
Magazine, June 2000.

Court battles, OPEC's market grip underscores the need for a
coordinated U.S. energy policy, Oil & Gas Journal, Mar. 2000.

In addition, while I was the Director of MMS, I believe I
authored a handful of articles that appeared in trade or
industry publications, but I have not kept any records of
these.

I have given many speeches, but none relevant to the position for
which I am nominated.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.

6/28/94 Testimony as Deputy Director MMS before the House
Subcommittees on Energy and Mineral Resources and Oceanography,
Committees on Merchant Marine & Fisheries & Resources regarding
reauthorization of the Coastal Zone Management Act.

7/26/94 Testimony as Deputy Director MMS before the House
Subcommittees on Energy and Mineral Resources and Oceanography,
Committees on Merchant Marine & Fisheries & Resources regarding
H.R. 3678 and the use of the OCS for mineral resources.

3/9/95 Testimony as Director MMS before the House
Appropriations Subcommittee on Interior & Related Agencies
regarding MMS's FY96 Budget request.

7/27/95 Testimony as Director MMS before the House Subcommittee
on Energy and Mineral Resources, Committee on Resources
regarding Reinvention of the MMS.

3/7/96 Testimony as Director MMS before the House Subcommittee
on Energy and Mineral Resources, Committee on Resources
regarding the History and Evolution of MMS and whether it
requires an organic act.

6/17/96 Testimony as Director MMS before the House Subcommittee
on Energy and Mineral Resources, Committee on Resources
regarding the valuation of crude oil produced offshore
California.

6/27/96 Testimony as Director MMS before the House Subcommittee
on Energy and Mineral Resources, Committee on Resources
regarding MMS's royalty in kind gas marketing pilot.

8/6/96 Testimony as Director MMS before the House Subcommittee
on Fisheries, Wildlife and Oceans, Committee on Resources
regarding competitive lease sales of sand and gravel offshore
New Jersey.

7/31/97 Testimony as Director MMS before the House Subcommittee
on Energy and Mineral Resources, Committee on Resources
regarding royalty in kind program.

2/26/98 Testimony as Director MMS before the House Subcommittee
on Energy and Mineral Resources, Committee on Resources
regarding MMS's FY1999 budget request.

3/19/98 Testimony as Director MMS before the House Subcommittee
on Energy and Mineral Resources, Committee on Resources
regarding royalty in kind program and pending bill H.R. 3334.

5/14/98 Testimony as Director MMS before the House Subcommittee
on Energy and Mineral Resources, Committee on Resources
regarding moratoria on the outer continental shelf.

5/21/98 Testimony as Director MMS before the House Subcommittee
on Energy and Mineral Resources, Committee on Resources
regarding royalty in kind program.

18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have been involved, through the practice of law and in
government, with the legal and regulatory issues associated with the
transportation of hazardous materials by pipeline for more than 20
years. I thoroughly enjoy public service and would like to lead and
improve operations at PHMSA.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
I believe that I would have every responsibility to ensure that
PHMSA has both proper management and accounting controls. I have
experience running an agency (MMS) with more than 1,200 employees with
a budget of more than $200 million and annual revenue collections of
more than $6 billion. During my tenure there, the agency received the
Hammer Award for Innovation in government.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
I believe the top challenge facing PHMSA are the aging pipeline and
other transportation infrastructure systems in this country. Ensuring
safe and environmentally sound transportation of hazardous materials
given the current state of the country's transportation infrastructure
is an ongoing and perhaps escalating challenge. Second, the state of
the Nation's infrastructure has led to public distrust and insecurity
about hazardous materials transportation: that trend needs to be
reversed. Finally, preparing the existing regulatory system to address
the new challenges of the 21st Century, such as the possibility of
increased interstate transportation of carbon dioxide or natural gas
from Alaska, is an important challenge PHMSA must be prepared to meet.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I have several retirement accounts from Steptoe & Johnson LLP,
including a: (1) 401 K account; (2) 401 O account, funds in both
accounts may remain in the program, be cashed out or rolled over upon
leaving the firm; (3) capital account, which will be returned if I am
confirmed; (4) defined benefit pension account that may be withdrawn in
2010; and (5) deferred compensation account that may be withdrawn in
January 2014. I will also receive the remainder of my partnership share
for work performed in 2009 if I am confirmed. I have been making
contributions to those accounts and Steptoe & Johnson LLP will not make
any payments into those accounts after I resign from the firm if I am
confirmed. I also have a Thrift Savings Plan from my time in
government.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
I have drafted a piece of legislation in February 2009, on behalf
of Lennar Ventures regarding the use of solar panels on new homes. I
have written a White Paper regarding Nigeria's oil and gas leasing
program (4/05) as well as provided advice (1/07) regarding proposed
legislative and regulatory language for the mining industry for the
Nigerian Extractive Industries Transparency Initiative. In addition, I
have provided policy advice to the Gore, Kerry and Obama Presidential
campaigns about energy issues relating to moratoria on the outer
continental shelf and its exploration and development. I also worked on
the Presidential Transition Team for the Obama Administration
(reviewing the Department of Energy) and have had one or two
conversations this year with White House staff on energy issues.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
When I was Director of the MMS, I was sued in my official capacity
several times. Based on a public records search, the following reported
cases include my name as a party in my official capacity:

OXY USA, Inc. v. Babbitt, 230 F.3d 1178 (10th Cir. 2000);

Amax Land Co. v. Quarterman, 181 F.3d 1356 (D.C. Cir. 1999);

Mobil Exploration & Producing U.S., Inc. v. DOI, 180 F.3d 1192
(10th Cir. 1999);

OXY USA v. Babbitt, 122 F.3d 251 (5th Cir. 1997);

Black Butte Coal Co. v. U.S., 38 F.Supp.2d 963 (Dist. Wyo.
1999);

Amax Land Co. v. Quarterman, 1998 U.S. Dist. LEXIS 11635
(D.D.C. 1998).

In 1983, I graduated from college in Evanston, Illinois and
accepted full-time employment from IBM in Owego, New York and paid all
relevant taxes associated with that income. However, I inadvertently
failed to pay taxes on a $1,642 death benefit from my father's Federal
service that I had received earlier in 1983. After I subsequently
learned that a judgment had been entered in absentia, I paid New York
State and Federal taxes on that income.
(In addition, Steptoe & Johnson, LLP, where I am partner but not an
officer, has been involved as a party in suits, but none have involved
me personally).
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination.
N/A.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

Resume of Cynthia L. Quarterman
Professional Experience
Presidential Transition Agency Review Team--Department of Energy,
November-December 2008, Washington, D.C.

Responsible for interviewing agency personnel and meeting with
stakeholders regarding the Office of Fossil Energy, the General
Counsel's office, the Energy Information Agency and the Office
of Hearing and Appeals.

Partner--Steptoe & Johnson, LLP, September 1999 to Present,
Washington, D.C.

Practices law in the energy, transportation and natural
resource areas. Represents companies before the Federal Energy
Regulatory Corn mission, the Department of Transportation, the
Surface Transportation Board, the Department of the Interior
and various other Federal agencies and state and Federal
courts.

Representative matters include:

Involvement in litigation regarding transportation contract
disputes with coal powered electric utilities;

Management of large attorney review team in proposed electric
utility merger, including the Nation's largest nuclear fleet
owner;

Participation in numerous requests for declaratory orders and
offers of settlement for expansions associated with world's
longest oil pipeline, delivering crude to the U.S. from the
Alberta oil sands;

Advice to Nigerian quasi-governmental entity regarding how to
achieve transparency in oil and gas leasing and oversight, and
how to design new solid minerals oversight agency;

Advice to outer continental shelf lessee regarding arguments
supporting takings litigation; and

Advice to pipeline owners regarding DOT compliance orders.

Director, Minerals Management Service--United States Department of
the Interior, March 1995-February 1999, Washington, D.C.

Managed agency of 1200+ employees with $200+ million budget.
Oversaw oil, gas and mineral leasing and development on the
Nation's outer continental shelf. Collected billions in revenue
from the production of such commodities on Federal and Indian
lands. Disbursed revenue to Indians, states, funds and the
Treasury. Involved in early evaluation of offshore wind
projects. Oversaw agency appellant, inspection, environmental
and technical research arms. Also served as Acting Director,
Deputy Director and CFO, beginning in July 1993.
Specific accomplishments include:

negotiated agreements to settle billion dollar claims on leases
subject to moratoria offshore Alaska and Florida; resolved
hundreds of millions of dollars in disputed royalty claims;
held workshops and meetings to move from conflict toward
consensus on many different issues;

represented agency on television and in newspaper interviews;
organized and participated in many national and international
conferences; delivered multiple of speeches; represented agency
before Congress, highest levels of Federal and State
governments, the oil, gas and minerals industry and
environmental groups on numerous occasions;

assisted in passage of several Federal laws; and

streamlined agency operations (decreased personnel 12 percent
and operated without budget increase for 4 years); managed 3
record-breaking Gulf of Mexico oil and gas lease sales in a
row; modernized information systems for Year 2000 compliance
and inaugurated popular, easy-to-use website; collected an
additional $1 billion in royalty compliance efforts; developed
innovative GovWorks Acquisition Program and won the Vice
President's Hammer Award for Reinvention of Government.

Interim Management Team, Office of Surface Mining--United States
Department of the Interior, November 1993-March 1994, Washington, D.C.

Helped manage the daily operations of the agency during the
search for, and confirmation of, a new Director. Interviewed
staff and constituents and proposed detailed management plan
that was implemented by the new Director. Received the
Department of the Interior's Unit Award for Excellence of
Service.

Associate--Steptoe & Johnson, July 1988-July 1993, Washington, D.C.

Practiced administrative energy, transportation and
environmental law and litigation, in a variety of venues,
including Federal and state courts, the FERC and the then-
Interstate Commerce Commission. Wrote briefs, took depositions,
cross-examined witnesses, and argued motions.

Attorney--Benson & McKay, May 1987-June 1988, Kansas City, MO.

Participated in high-profile school desegregation litigation
through appellate review. Second-chaired oral argument in 8th
Circuit, cross-examined witnesses at District Court, took
depositions, and wrote briefs.

Cost Engineer--International Business Machines Corporation, May
1983-August 1984 and Summer 1985, Owego, NY.

Developed, analyzed and negotiated with Navy cost proposals for
computer systems on Federal aircraft.

Various other summer jobs in Georgia, Illinois and New York.
Education
Juris Doctor, Columbia University, May 1987, New York, NY..

Columbia Journal of Environmental Law, Executive Editor.
Charles Evans Hughes Scholar.

Bachelor of Science in Industrial Engineering, Northwestern
University, March 1983, Evanston, IL.

National Achievement Scholar. National Action Council For
Minorities in Engineering Scholar. Alpha Lambda Delta Honor
Society. Phi Eta Sigma Honor Society. Dean's List. Resident
Assistant.
Professional Affiliations
Institute of Energy Law, Executive Committee, 2002-Present.

Columbia University Law School Alumni Association of Washington,
D.C., Board Member, recent past President, 2000-Present.

Natural Gas Magazine, Advisory Board, 2000-Present.

Missouri and District of Columbia Bar Member.
Civic Affiliations
American Friends of the New Acropolis Museum, Founding Board
Member, 2008-Present.

Supports opening and successful operation of New Acropolis
Museum in Athens, Greece.

Shakespeare Theatre Company, National Council, 2005-Present.

Assists the Shakespeare Theatre Company in broadening its reach
nationally and internationally.

Columbia Hospital for Women, Board of Directors, 2000-2002.

Chaired non-profit women's hospital board's legal subcommittee.

References, publications and speaking engagements available
upon request.

Senator Pryor. Thank you very much.
I want to thank both of you.
Now, since Senator Lautenberg is here, and he's the
Chairman of the subcommittee with the jurisdiction, I'll defer
my question time to you, Senator Lautenberg.
Senator Lautenberg. Thanks very much, Senator Pryor.
And, Ms. Ferro, I'm going to ask several questions, and
I'll try to keep the questions short; you try to keep the
answers short, and we'll be able to get to the things that we
want to.
You've spent the last 6 years lobbying on behalf of the
trucking industry, and you've had close ties to this industry.
And how do we assure ourselves that you'll be an independent
safety regulator?
Ms. Ferro. Senator, if I might step back to my career as a
State regulator, an agency leader and advocate for highway
safety, with my years leading the Maryland Motor Vehicle
Administration. When I made the transition to the Maryland
Motor Truck Association, I continued in that vein of advocating
for safety, in this case, a safe and efficient industry.
I assure you, and make a personal commitment to this
committee, that my passion is highway safety. Secretary
LaHood's top priority is safety and teamwork, and I am fully
committed and fully prepared to implement those measures that
achieve the greatest safety gains we need to achieve in the
motor carrier industry.
Senator Lautenberg. Despite evidence that driver fatigue--
and you recognized that in your opening statement--is a factor
in many fatal truck crashes, the Bush Administration sought to
allow truckdrivers to stay behind the wheel for longer periods
of time.
Now, in your current position, you wrote a letter to the
editor of The Baltimore Sun, earlier this year, supporting the
Bush hours-of-service rule. If confirmed, will you recommend to
Secretary LaHood that the hours-of-service rule be revisited
and improved?
Ms. Ferro. If confirmed, I am firmly committed to reviewing
the data, the research, and the analysis of the effects of the
current rule, and use that information to advance improvements,
where and if it's determined that improvements should be
necessary. And I assure you again, if confirmed, that this
committee has my strongest commitment to advance measures that
achieve the safety gains and address the driver health and
wellness issues that this committee and Secretary LaHood seeks
for this industry.
Senator Lautenberg. The electric onboard recorders
accurately track the number of hours a truckdriver is behind
the wheel. And despite the NTSB's recommendation to install the
EOBRs on all interstate trucks, the Administration proposed
requiring this technology on the smallest percentage--1 percent
of all the trucks on the road. Now, do you agree with the NTSB
that the EOBRs should be required for all trucks?
Ms. Ferro. I am familiar with the NTSB recommendation, and
understand that the past Administration put forward a very,
very limited rule concerning electronic onboard recorders. That
being said, EOBRs are in use today in motor carriers, and have
been demonstrated to be very effective. If confirmed, EOBRs and
examining the opportunities for the best safety gains from
EOBRs would be among my top priorities.
Senator Lautenberg. Yes. I hear you, Ms. Ferro.
Ms. Ferro. I know.
Senator Lautenberg. And you say you're going to revisit
these things.
Ms. Ferro. Yes, sir.
Senator Lautenberg. Are you willing--or, do you agree that
it might be a good idea to get EOBRs on all the trucks out
there?
Ms. Ferro. Senator, what I would say is, I agree that the
EOBR is a technology that offers significant gains in safety
enforcement for the law enforcement community, and offers
significant gains in operations.
Senator Lautenberg. How would you position your views on
that? What I hear you saying is, you're not certain that--it
might be good for the law enforcement community and--but, these
devices, things that can improve safety--and if they do--do you
agree that they can improve safety, or at least inspection of--
--
Ms. Ferro. I agree they've been demonstrated to improve
safe operations and inspection efficiency.
Senator Lautenberg. Right so why wouldn't we want to have
them in all trucks? I'm not sure----
Ms. Ferro. Senator, I appreciate your question and the
importance of the EOBR, and am committed to putting that rule
and that particular issue among my top priorities, in the
interest of advancing the safety mandate of this agency.
Senator Lautenberg. Yes, but do you----
I'm sorry?
Ms. Ferro. In the interest of advancing the safety mandate,
and my personal mission, the safety mandate of this agency, if
confirmed, I would look at the EOBR as a valuable safety tool.
Senator Lautenberg.Well, you are conditioning it based on
discoveries yet to be made, and I think that--I'd like a more
affirmative answer to that question.
I would ask your indulgence to ask----
Senator Pryor. Sure.
Senator Lautenberg.--one more--or, will we to go further?
We'll do it again.
Senator Pryor. We'll do a second round, yes.
Senator Lautenberg. OK.
Thank you very much, Mr. Chairman.
Senator Pryor. Senator Hutchison?
Senator Hutchison. Well, thank you, Mr. Chairman.
Let me start with Ms. Ferro, on the bus safety issue. Many
operators who are put out of business because of a safety
violation just turn around and file under a new name, new
charter, and they don't correct the safety violation, and they
go forward.
As I mentioned, Senator Brown and I have offered
legislation to try to strengthen bus safety requirements. I'd
like to ask your view on what you think would be fair
requirements for motorcoaches that are offered to the public,
in safety, and what you would do if you are the Administrator
of this agency.
Ms. Ferro. Senator, while I'm not prepared, today, and not
knowledgeable enough, to advance specific recommendations, as
your question suggests, I would say that my familiarity with
the GAO report concerning chameleon carriers and the activity
of motor-coach companies to restructure and come back to avoid
sanctions is a significant safety issue.
I'm pleased to learn that the agency is, in fact, taking
measures to improve the review of new entrants into the
motorcoach sector. But, the very issue you speak of rings true
to my opening remarks, that, to the extent that the barrier to
entry is low and not rigorous enough, unsafe carriers get into
the system or get back on the system.
Senator Hutchison. Do you think----
Ms. Ferro. My apologies.
Senator Hutchison. Excuse me. Do you think safety belts
would be a simple enough requirement for buses that are offered
to the public?
Ms. Ferro. Safety belts actually would fall under NHTSA,
not the Federal Motor Carrier Safety Administration. But, to
the extent that FMCSA had an opportunity to speak to the safety
gains of particular technologies, if confirmed, I would hope
I'd have an opportunity to speak to those issues. But, again,
safety belts would be under NHTSA's authority.
Senator Hutchison. Right, I know. I just thought, in
general, if you would have an opinion.
Ms. Quarterman, you're probably familiar with the Inspector
General's report on PHMSA, and I will just quote to you part of
that report. It says that, ``PHMSA grants special permits and
approvals without exercising its regulatory authority to review
applicant safety histories and without coordinating with
partner safety agencies. These issues, along with safety
concerns previously raised by our office, the FAA, the NTSB,
call into question the effectiveness of the agency and the
process for granting special permits and approvals.''
If confirmed, what would you do to address the IG's report?
Ms. Quarterman. Thank you, Senator Hutchison, for your
question.
And I have to say, I share you concerns with respect to the
safety issues that have been raised from the Inspector
General's report. I am familiar with those, and, if confirmed,
I can promise you that I will work very hard to implement the
terms of the plan of action that Secretary LaHood has already
put in place with respect to special permits related to the
hazardous materials portion of the agency.
In addition to that, I would like to step back and take a
further and closer look at how that portion of the agency is
operating. While I know that PHMSA has a large staff of
excellent career employees working for it, I think it may be
time for us to reform some portions of the operations of that
agency. I think I would enjoy doing that, and I look forward to
doing so.
Senator Hutchison. Thank you.
Ms. Ferro, one last question.
I'm sure you read The New York Times this morning, and
others have filed letters saying that you're too close to the
industry. I'd like to give you an opportunity to respond to
critics who say that you're a lobbyist or you're too close to
the industry to be a fair arbiter of safety issues.
Ms. Ferro. Senator Hutchison, thank you for that
opportunity.
Yes, the concerns expressed in the editorial have been
shared in the past.
During my career in government, as well as my time with the
Trucking Association, I have been an advocate for safety. I
continue to press ahead with my own passion for safety.
The measures I have taken and my record in government, as
well as the issues that I've advocated for in recent years,
speak to my very firm and passionate commitment to the agency's
mission, which is to reduce the severity of crashes. That
record includes implementing a very effective graduated
driver's licensing law in Maryland, identifying and working
closely with the Medical Advisory Board in Maryland on
innovative older-driver research and remediation, as well as
interlock devices for drunk drivers.
Most recently, Maryland passed a ban on texting while
driving. I advocated in support of that ban, as well as speed
enforcement cameras.
My position on safety is firm and, should I be confirmed,
safety is a unifying message, under Secretary LaHood's
leadership, and I would expect my agency to fall in line with
that message and passionately pursue safety gains both as
mandated, as well as set forward in the Secretary's vision.
Senator Hutchison. Thank you.
Thank you, Mr. Chairman.
Senator Pryor. Thank you.
Senator Udall?

STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO

Senator Udall. Thank you, Chairman Pryor.
Ms. Quarterman, the--as you're aware, pipelines are a key
component of our Nation's transportation infrastructure. Many
Americans are probably not aware that they live or work or
pursue recreational activities near pipelines. Ensuring their
safety, I think, is a very, very important responsibility.
In 2000, a quiet summer morning was shattered when a gas
pipeline ruptured and burst into flames near Carlsbad, New
Mexico. The fireball could be seen 20 miles away. Tragically,
12 people who were camping along the Pecos River were killed.
This was the worst pipeline incident in the continental United
States. I wish I could say it was the last, but tragedy has
struck again since then.
What have we done to prevent further pipeline catastrophes?
And what more will you do, as the PHMSA Administrator, to
ensure pipeline safety?
Ms. Quarterman. Thank you, Senator Udall, for that
question. It is a very important question, and will probably be
the most difficult part of being the PHMSA Administrator;
dealing with situations where a harrowing tragedy, such as the
one that occurred in New Mexico, happens, and having to reach
out to families to talk about how it happened and how we're
going to make sure that is doesn't happen again.
I think, since that time, the Senate itself, working with
the House, has done quite a bit to help improve pipeline safety
measures by putting forward two new pieces of legislation that
have improved the operations of pipelines significantly.
Today, most pipelines are currently under an integrity
management plan, where there has been a consideration of what
are the highest-consequence areas near a pipeline facility.
Additional testing has been done on those pipelines.
I think, at this point in time, because those rules have
gone into effect in most places, although not completely, it's
time for us to take a closer look at what we have learned in
response to those rules, and the timing for integrity
management testing, to ensure that they are at the correct
period of time. Also, I think the most important thing that we
can do is to identify the problems that have been shown as a
result of these accidents, come up with solutions for them,
including regulatory solutions, inspect to make sure that those
solutions are in place, and, if not, enforcing decisions and
orders by the Department.
Senator Udall. Now, in your answer, you seemed to suggest
that there were some areas where there were not regulations in
place. Is this a small number? A large number? What pipelines
are those?
Ms. Quarterman. Well, I think the agency has just been
going through a series of rulemakings, beginning with some of
the larger pipelines on the oil side, and then gas; and now
they're getting to low-stress pipelines and distribution gas
lines. So, it's working its way through the entire cadre of
pipelines that exist. There may be a point where we can step
back and take a look at what the results of that new regulation
have been, and where to go a step further.
Senator Udall. And I think that'll be very, very welcome.
Thank you, Mr. Chairman.
Senator Pryor. Thank you.
Ms. Quarterman, let me start with you if I may. This agency
is a fairly new agency--what, just 2 or 3 years old, or 4,
maybe?
Ms. Quarterman. Yes.
Senator Pryor. How is it doing? And where do you think this
agency can improve?
Ms. Quarterman. Thank you, Chairman Pryor, for your
question. The agency is 3 years old, the same age as my
daughter, but it has been around for quite a while, in a
different format, as the Research and Special Programs
Administration before that.
My first priority will be safety, and it is the highest
priority. I think the first issue on the table is the one that
has been raised by the Inspector General and was discussed at
the hearings last week, and that is on the hazardous-materials
side of the agency, where it appears that reform is needed.
Second to that, my priority would be in communications and
transparency with the agency and with the community at large. I
think it's very important that all the stakeholders have an
opportunity to provide input into the process.
I also would like to spend some time talking to the career
folks at the agency for their input, if I'm confirmed; and, of
course, with Congress, as well.
Finally, I think the third priority will be reform. Once
we've had a conversation with all the stakeholders involved,
there's an opportunity for us to try to take this agency
forward, to deal with aging pipeline infrastructure and be
prepared for some of the challenges that are coming in the 21st
century. For example, if there's a natural gas line in Alaska
or if suddenly the carbon capture sequestration happens and
there are carbon dioxide pipelines or ethanol pipelines that
need to be put in place, all those things are things that I
look forward to, if confirmed, helping this agency prepare for.
Senator Pryor. Good.
Ms. Ferro, let me ask you--there is legislation pending
here in the Senate, S. 1113, the Safe Roads Act, which, if
enacted, would direct the Secretary of Transportation to
establish and maintain a national clearinghouse for records
related to alcohol and controlled-substance testing of
commercial motor vehicle operators. Have you had a chance to
look at that legislation? And, if so, do you support that
concept?
Ms. Ferro. Mr. Chairman, I have looked at that legislation.
In fact, during my tenure on the CDL Advisory Committee,
appointed under SAFETEA-LU, I advocated strongly for the
clearinghouse concept. Should I be appointed, I'm firmly
committed to implementing that system in all due haste. Every
opportunity we can have at hand to make sure that employers and
roadside enforcement officers have access to important safety
information about drivers, we must do.
Senator Pryor. Great.
And, let me also ask--there's been an issue, a consumer-
oriented issue, about household goods and moving household
goods. And in May 2007, the GAO issued a report that made
several recommendations for FMCSA to improve their oversight
and to set performance goals to keep an eye on this industry.
As with most industries, you know, there are several big name-
brand national operators that do fine, but there are also some
really bad business practices with some of the fly-by-night
operators, and the advent of the Internet has caused a lot of
problems. There has just been a real consumer challenge there
and it's your agency that is responsible for that. And so, do
you have any ideas on how the FMCSA can more aggressively
protect consumers when it comes to these unscrupulous
household-goods movers?
Ms. Ferro. Mr. Chairman, in my experience at the State
level, also trying to tackle the issue of rogue companies in
the moving industry, we found, and I would seek a similar
partnership, should I be confirmed, that the State consumer
advocacy groups, as well as the attorneys general, were very
helpful in ensuring that consumer protection laws were upheld
and violations investigated. Should I be confirmed, I would
seek similar partnerships around the country. Again, it is an
egregious abuse of a customer's confidence for a moving
industry to take some of the actions we've read about, and
seen, ourselves. I appreciate the interest that you have in
that issue.
Thank you.
Senator Pryor. Well, thank you.
And one last question before I turn it back over to Senator
Lautenberg. There has been a cross-border trucking pilot
program that's been, I guess you can say, controversial. There
has been a tug-of-war, really, between the Congress and the
Department of Transportation. You know, from my standpoint, I
feel like the previous administration kind of handled this
sloppily, and established a pilot program.
How would you do a better job of implementing this program,
should the Administration be authorized to reinstate it?
Ms. Ferro. Mr. Chairman, if confirmed, my commitment and my
objective would be to implement any program, should it be
passed, to the standards, or to exceeding the standards, of the
U.S. laws governing motor carrier safety so that any cross-
border trucking activity, any non-national company that would
operate in the State, would have to adhere, at a minimum, to
the U.S. safety standards, if not better.
Senator Pryor. Thank you.
Senator Lautenberg, did you have follow-ups?
Senator Lautenberg. Thank you. Yes, I do. And--thanks, Mr.
Chairman.
Ms. Ferro, I'm going to read something that I have here. It
comes from the Insurance Institute Highway Safety group. IIHS,
Advocates for Highway and Auto Safety, and other highway safety
and advocacy organization petitioned the USDOT to require EOBRs
for trucks, claiming that mandated use of these devices would
improve hours-of-service compliance and thereby reduce the
number of fatigued drivers and fatigue-related crashes. USDOT
repeatedly denied these petitions. Congress then intervened,
requiring, in the 1995 Interstate Commerce Commission
Termination Act--that the USDOT address the issue of EOBRs.
After 5 years of delay, the FMCSA, in 2000, proposed to
require EOBRs on commercial motor vehicles used in long-haul
and regional operations. The Department of Transportation
Office of the Inspector General summarized the proposed rule,
and they said--here I quote, ``Driver HOS violations and
falsified driver logs continue to pose significant safety
concerns, and research has shown that fatigue is a major factor
in commercial crashes.'' However, in 2003, the FMCSA backed off
its proposal for mandatory EOBR use, concluding there was
insufficient economic and safety data, coupled with a lack of
support from the transportation community.
Now, as I heard your response to my question, you promise
to look at it, to see what it might be, and that you know that
it might be good for law enforcement. But, you were still
raising the question of confirmation. You obviously are not, at
this point, convinced that the--these electronic onboard
devices should be used. And I've got to tell you, I don't
understand it, because here are countries that require EOBRs:
all of the European Union countries, Brazil, Uruguay, Israel,
Japan, Singapore, Argentina, Peru, Venezuela, Turkey, South
Korea, and Morocco. They all require these. But, you express
some doubt, some concerns about whether or not we ought to move
ahead with this. Please explain that difference to me.
Ms. Ferro. Senator Lautenberg, thank you for the
opportunity to come back to this issue.
First, if I might, the history you related of the series of
petitions, and lack of response to petitions, that you convey,
I find very troubling. In my commitment to the public sector
and my passion for public service, I feel it is fundamentally
important, as a regulator, to be responsive and to listen to
the concerns raised, both by the regulated community and, most
importantly, by the community the agency is established to
protect.
That being said, I don't want to suggest that it's a matter
of being convinced or not. What I wanted to convey, and what I
would like to continue to convey, is that, if confirmed, I will
be a fair and balanced regulator, and will use both data-driven
research, data-driven policymaking, and sound scientific
research to address issues and accomplish gains within the
Motor Carrier Safety Administration's mission to achieve
significant reductions in truck and bus crashes, or crashes
with trucks and buses. You absolutely have my commitment in
that regard, Senator.
Senator Lautenberg. Well, recent surveys by the Insurance
Institute for Highway Safety--you know the organization?
Ms. Ferro. Yes, I do.
Senator Lautenberg. They're reliable--and the University of
Michigan--show that 20 to 25 percent of drivers violate HOS
rules. One in five drivers fell asleep at the wheel during the
previous month, and work-rule violations are associated with
dozens of incidents at the wheel. Similarly, the Commercial
Vehicle Safety Alliance organization, the Annual Road Check
Program, a nationwide truck safety and roadside inspection
enforcement campaign, advertised, in advance, to the trucking
industry, it's found an increasing percentage of HOS violations
in recent years.
So, your skepticism--and you're unwilling to make an
unqualified commitment to having these safety devices aboard--
concerns me.
Over the past decade, the number of people killed in
crashes with large trucks has averaged 5,000 each year. And
large trucks place a major strain on our infrastructure. There
is currently a ban on trucks that weigh more than 80,000 pounds
and are--that are longer than 53 feet, on our interstate
highway system. Do you support expanding this ban to our
160,000-mile national highway system?
Ms. Ferro. Senator Lautenberg, the oversight of truck size
and weight, or commercial vehicle size and weight, rests with
Federal Highway Administration. In my role as Federal Motor
Carrier Safety Administrator, should I be confirmed, it would
be my top priority to ensure safety. Among the elements of that
discussion, that I could offer, would be things that I would be
committed to offering in the discussion within the agency on
Federal size and weight.
Senator Lautenberg. If confirmed as Administrator, what
would be your top three safety recommendations to Secretary
LaHood to improve truck safety and to reduce the number of
fatalities that are caused by large trucks?
Ms. Ferro. Top three in the near term? Work collaboratively
within the Department of Transportation to identify best
practices to tackle the issue of fatigue and driver health
within the transportation industry, the motor carrier industry;
to place top priority on examining the impacts and effects of
the current hours-of-service rule, and identifying areas of
further discussion, to advance additional gains in driver
safety and commercial vehicle safety; and to examine an
electronic onboard recorder program, and research and identify
tools that both dramatically assist a commercial roadside
enforcement officer in assessing unsafe carrier action, but
also assist the industry greatly in improving safe operations.
Senator Lautenberg. I'm going to ask a question of Ms.
Quarterman, please.
The PIPES Act of 2006 requires greater use of excess flow
valves in single-family residences to automatically shut off
gas to valves in the event of a sudden drop in pressure. These
excess flow valves reduce gas leaks that can lead to fires and
explosions. The final rulemaking on this mandate was due on
December 31, 2007. It still hasn't been completed.
If you're confirmed, would you guarantee that you're going
to resolve this long-overdue requirement expeditiously?
Ms. Quarterman. Thank you, Senator Lautenberg.
Yes, I'm aware of that requirement and the fact that it is
long overdue, and you have my commitment that, if I am
confirmed, it will be one of the things that is on my top
priority list to see what is happening with the long delay in
that and other important safety rules.
Senator Lautenberg. Would you support the expansion of
excess flow valves into buildings other than single-family
homes, like apartment houses or office buildings?
Ms. Quarterman. I would have to defer answering that
question until I've had an opportunity to be confirmed and to
meet with the staff and see what analysis they may have done
with respect to the opportunity to expand on that. On a
theoretical basis, it sounds interesting and intriguing, and I
would look forward to working with you further on that.
Senator Lautenberg. Thank you very much.
Thanks, Mr. Chairman.
Senator Pryor. Thank you, Senator Lautenberg.
We've been joined by our distinguished colleague from
Maryland.
Senator Ben Cardin, you're recognized.

STATEMENT OF HON. BENJAMIN L. CARDIN,
U.S. SENATOR FROM MARYLAND

Senator Cardin. Well, Senator Pryor, thank you very much.
Senator Lautenberg, thank you for your participation.
I just really wanted to come by to introduce and to support
Anne Ferro's appointment to be the Federal Motor Carrier
Administrator.
I also want to thank Ms. Quarterman and Anne Ferro for
their willingness to serve the public, and thank their
families, because this is a sacrifice that you're making and we
appreciate it very much, and wish both of you my best.
Mr. Chairman, I'll put my entire statement--or,
introduction in the record, because, as I explained--as I was
going to tell you at lunch, I had to go upstairs to preside--
and I just got off the floor.
Anne Ferro is well known in Maryland. She got her start on
the staff of the Ways and Means Committee in the Maryland
General Assembly. I mention that because that's where I got my
start--on the Ways and Means Committee in the Maryland General
Assembly, and later had a chance to chair that committee. And
I--from the--both Democrats and Republicans in the State
legislature, they think that Anne Ferro has the highest degree
of professional skills and dedication to public service.
She then was the Motor Vehicle Administrator in our State.
And once again, she served under both a Democratic and a
Republican Administration, and had the confidence of both
Democrats and Republicans, and administered the agency with the
highest degree of competence. I particularly appreciate taking
on the challenge of dealing with youthful drivers in developing
a system on the license where youthful drivers have a chance to
get a little more experience. And that was--her leadership
helped bring that about. There are many other innovations that
she made in the Motor Vehicle Administration dealing with
safety, some of which were difficult and controversial, but
they were the right thing to do, and she took on those
challenges.
I was also particularly impressed by her commitment for
diversity in the workplace, which she made a very high priority
during her administration.
So, I just really wanted to come by to strongly recommend
her confirmation and tell you how proud we are, in Maryland, of
her continued interest in public service.
[The prepared statement of Senator Cardin follows:]

Prepared Statement of Hon. Benjamin L. Cardin,
U.S. Senator from Maryland
Good afternoon. It is my pleasure to introduce Anne Ferro,
President Obama's nominee for the position of Federal Motor Carrier
Administrator in the Department of Transportation.
During her time with the Maryland General Assembly, Ms. Ferro
staffed the House Ways and Means Committee from November 1986 to
November 1991, the same Committee I had the honor to chair from 1974 to
1979.
There's not a state legislator in Annapolis who wouldn't say Ms.
Ferro will make a great Administrator for Federal Motor Carrier Safety
agency. An example of their respect for her as a chief state regulator
was displayed when ``both sides of the aisle'' called upon newly
elected Governor Ehrlich to retract his termination notice to Ferro
after the Governor's office switched from Democratic to Republican in
2003. Governor' Ehrlich's appointments secretary reversed the decision
and asked Ferro to stay.
Ms. Ferro's safety record is strong. In her 7 years as Maryland
Motor Vehicle Administrator, she secured passage of Maryland's
graduated licensing law for young drivers and supported creation of an
Older Driver research program to improve the safety of aging drivers.
As the first woman to lead the state Motor Vehicle Administration,
she was committed to restructuring the agency in a way that
substantially increased advancement opportunities for minorities.
Five years ago Ms. Ferro took the reins of the Maryland Motor Truck
Association. While strengthening the association's service to its
members, she worked hard to maintain an open dialogue between the
trucking industry and government.
Her commitment to highway safety is demonstrated in her service on
the Executive Committee of Maryland's Strategic Highway Safety Plan,
the Maryland Highway Safety Foundation and the American Trucking
Association's Safety Task Force.
She currently serves on several regional advisory committees
relating to freight planning and transportation funding, and was
honored as the Port of Baltimore's 2008 Port Woman of the Year.
Anne Ferro will bring a balanced perspective to the position and a
commitment to efficient and effective regulation over motor carrier
safety.
I urge the Committee to support her nomination.

Senator Pryor. Thank you.
If there are no other questions, what we would like to do
is ask all the members who could not be here today, or who had
to leave before they could ask questions, to get all their
questions in to the Committee by the close of business
Thursday, and the Committee staff will do their best to get
those right to the two witnesses, here, the two nominees. And
then, we'd look forward to having your responses back by the
close of business on Tuesday of next week, on the 29th, if
that's at all possible.
But, we want to all thank you very much for your commitment
to public service. Thank you for being here today.
And with that, we're adjourned.
Thank you.
[Whereupon, at 3:30 p.m., the hearing was adjourned.]
A P P E N D I X

Prepared Statement of Hon. John Thune, U.S. Senator from South Dakota
Thank you, Mr. Chairman. I am pleased that the Committee is moving
forward with today's nominations, which are for important safety posts
within the Department of Transportation.
The Federal Motor Carrier Safety Administration (FMCSA) serves a
critical role in ensuring the safety of commercial vehicles through
regulation and oversight. The agency, working in close cooperation with
the States, also is responsible for enforcing safety regulations. I
have the highest respect for the work FMCSA and the State inspectors do
to protect the safety of South Dakota drivers. Like many rural States
in the Midwest, South Dakota is a major freight corridor, linking the
east and west via Interstate 90, and the north and south via Interstate
29. More than two-thirds of the truck traffic on our highways neither
begins nor terminates in the State.
Anne Ferro, the President's nominee for the Administrator of FMCSA,
is well-qualified for the position. She has many years' experience in
transportation, serving as both the head of the Maryland Motor Vehicle
Administration and, more recently, as the President of the Maryland
Motor Truck Association. While her background with the Motor Truck
Association has caused some to question whether she will be too close
to the industry, I believe her knowledge of the industry is an asset
that will make her more effective in protecting the public interest.
And I want to thank her for taking the time to meet with me several
weeks ago to discuss her background and the challenges facing the
agency.
The other nomination we consider today is that of Cynthia
Quarterman, the President's nominee to serve as the head of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), as the
agency is commonly known, is responsible for establishing regulations
to safeguard the transportation of hazardous materials by all modes,
including pipeline. With more than 6,000 miles of pipelines in South
Dakota, and thousands of truck and rail shipments of hazardous
materials through my home State each year, my constituents have a
direct stake in Fem-za's success in ensuring that hazardous products--
many of which are essential to our way of life--are delivered safely.
Ms. Quarterman also is a highly qualified candidate. Currently, she
is a Partner at the law firm of Steptoe & Johnson, handling
transportation and natural resource issues. During the Clinton
Administration, Ms. Quarterman served as the Director of the Minerals
Management at the Department of the Interior, and in that position
oversaw the development on the Nation's outer continental shelf,
including the transportation of hazardous materials by pipeline.
I would like to welcome both of our nominees and thank you for your
willingness to serve in these important positions. Thank you.
______

Prepared Statement of Jennifer Tierney, Board Member, Citizens for
Reliable and Safe Highways (CRASH) and Daphne Izer, Co-founder,
Parents Against Tired Truckers (P.A.T.T.) on behalf of the Truck Safety
Coalition
Chairman Rockefeller and Members of the Senate Commerce, Science
and Transportation Committee, thank you for the opportunity to submit
our statement for the record on the nomination of Anne S. Ferro,
President and CEO of the Maryland Motor Truck Association, to be
Administrator of the Federal Motor Carrier Safety Administration
(FMCSA). We appreciate the attention this Committee has given to the
issue of motor carrier and motorcoach safety. In the last Congress, the
Committee held four separate hearings on motor carrier safety issues
that severely criticized the agency for weak regulations or inadequate
responses to critical safety problems. The hearings focused on critical
and continuing failures of the FMCSA and its leaders to promulgate long
overdue and lifesaving safety regulations to advance motor carrier and
motorcoach safety. Each hearing exposed serious and chronic failures by
the FMCSA to issue effective regulations, enforce safety rules, impose
maximum fines, shut down unsafe carriers, implement statutory mandates,
respond to National Transportation Safety Board (NTSB) recommendations,
and protect the safety of American families and workers.
We are here today to represent the families of truck crash victims
and survivors who are concerned about the nomination of a trucking
industry official to lead the Federal agency responsible for regulating
and overseeing the safety of the motor carrier industry. The FMCSA is
in dire need of new, safety-minded leadership that will put people
first and will be truly dedicated to carrying out its statutory mission
to make ``safety [its] highest priority.''
We have paid the ultimate price for the failures of the FMCSA and
its predecessors to responsibly carry out their safety and regulatory
duties.
In 1993, Jeff Izer, son of Daphne and Steve Izer, and three of his
good friends were killed in a preventable truck crash when the driver
fell asleep at the wheel of an 80,000 pound rig. Shortly thereafter,
Daphne and Steve founded Parents Against Tired Truckers (P.A.T.T.).
Despite a major U.S. Department of Transportation summit that
identified fatigue as a serious problem, FMCSA responded with a
regulation that substantially increases the number of working and
driving hours of commercial drivers.
In 1983, Jennifer Tierney's father, James William Mooney, Sr., was
needlessly killed in another preventable truck side underride crash.
Today, 25 years later, there is still no Federal standard for side
underride protection and the agency has indicated it has no plans to
even consider such a safety requirement.
These are typical examples of the agency's far too frequent
failures to advance necessary safety rules when there is a compelling
and convincing need for action.
After 10 years as an agency, the FMCSA still reports that every
year about 5,000 people are killed and 100,000 more suffer injuries as
a result of truck crashes. This includes over 500 truck drivers who die
each year doing their jobs. In the decade since the agency was created
by Congress there have been 50,000 truck crash deaths and over one
million injuries.
In fact, not only has the agency been unable to significantly
reduce the toll of truck-involved deaths and injuries, it has abandoned
the goal of lowering the number of deaths each year in favor of merely
reducing the rate of deaths--an especially pernicious safety target
that allows the number of people killed in large truck crashes to
increase even as the rate could decrease. However, the agency has also
been singularly unsuccessful at meeting its annual targets for even
this revised goal. FMCSA's failure to act responsibly to improve safety
is startling in light of the fact that it was established by Congress
against a backdrop of chronically poor safety regulation and oversight
by its predecessor agency. FMCSA was given a clear and strong
legislative mandate that improving safety is the agency's primary
mission.
There has been no significant reduction in the mortality toll or
progress in making trucking safer because of chronic inaction and
ineffective leadership at the agency as well as successful efforts by
the trucking industry to stymie and oppose programs, policies and
regulations to promote the health and safety of truck drivers and the
motoring public.
Unfortunately, Ms. Ferro is an apologist for the failure of FMCSA
to improve the safety record of motor carriers. For example, one of the
most important and well-documented safety problems in the motor carrier
industry is driver fatigue. According to the NTSB, truck driver fatigue
is a factor in 30 to 40 percent of all truck crashes. Many other
studies for over 30 years have shown the enormous contribution of
fatigue and sleep deprivation among commercial drivers to fatal and
injury crashes. Yet, FMCSA simply denies and rejects these research
studies. The response of the Bush Administration to this critical
safety problem was to issue an hours-of-service (HOS) rule that not
only expanded the consecutive number of hours a truck driver can
operate a fully-loaded rig from 10 to 11 straight hours, but also
dramatically increased the total hours a truck driver can work to 88
hours in a calendar week--an increase of 28 percent.
The Bush Administration HOS rule permitting tired truckers to drive
and work longer hours not only defies common sense and well-documented
research and scientific data, but it was found to be profoundly lacking
in legal legitimacy in two unanimous back-to-back decisions of the U.S.
Court of Appeals for the District of Columbia which remanded the rule
to the agency to be revised. In one case the court ruled that the FMCSA
had ignored the impact of the longer hours on driver health as well as
safety. While six (6) Federal appellate judges in two cases have found
the Bush Administration HOS rule arbitrary and capricious, Ms. Ferro
has vigorously defended the HOS rule, in concert with the American
Trucking Associations, as a safe and wise policy. On January 10, 2009,
Ms. Ferro co-wrote a letter defending the Bush Administration HOS rule
in response to an editorial published in the Baltimore Sun criticizing
the safety of the rule.
In fact, she wrote, ``. . . reversing the 2004 change in the hours-
of-service regulations would be foolish, would make our highways less
safe and would cost lives.'' Ms. Ferro's letter reflects a ``stay-the-
course'' attitude, and the mistaken view that the Bush Administration
policies are working so well that no change is necessary. Ms. Ferro's
views do not reflect the reform and change that are needed at FMCSA.
We are extremely skeptical that an individual who has been employed
by the very industry that has worked for years to thwart progress on
critical truck safety issues will lead this agency to act in the
interest of the public rather than the industry. In addition to the
issue of truck driver fatigue and the hours-of-service rule, the FMCSA
Administrator during the next 4 years will be involved in critical life
and death decisions affecting motor carrier safety.
Enforcing HOS Rules: Electronic on-board recorders (EOBRs) are
electronic devices that record the time a truck engine is on and can
provide a paper or electronic printout. This technology is essential to
enforce the HOS rule for truckers and motorcoach drivers. Currently,
drivers are required to keep paper logbooks that reflect their driving
and work hours. Many drivers keep different sets of books, called
``comic books,'' because the books kept to show to law enforcement are
regularly falsified to reflect compliance with the HOS rule rather than
record the actual number of working and driving hours. EOBRs are the
only objective and direct way for law enforcement officers to determine
whether a trucker or bus driver is in compliance with the HOS rule.
Congress ordered DOT to deal with EOBRs in 1995 because many
countries, including developing nations, required some type of EOBR-
technology. But, DOT and FMCSA did nothing and were criticized by the
U.S. Court of Appeals in a 2004 decision for not having even evaluated
the EOBRs then available. Since then, the FMCSA has proposed a rule
that would require less than one half of 1 percent of truck companies
to install EOBRs on their vehicles, and that would only be done as a
punishment for those few companies with very poor safety compliance in
general. While some large trucking companies currently use EOBRs, and
applaud the safety and other benefits of having installed and used
them, most of the trucking industry has opposed such a requirement even
though it is widely supported by law enforcement. DOT and FMCSA
constantly assert that technology should be used to improve safety and
efficiency within the trucking industry, but in this case both the
industry and the agency have refused to require EOBRs technology. The
use of this technology is comparable to the use of breathalyzers to
enforce drunk driving laws. It would greatly assist law enforcement and
greatly improve compliance with HOS rules.
Truck Size and Weight Limits: Establishing truck size and weight
limits for the Federal Interstate highway system is controlled by
Congress. However, for decades trucking interests have led the effort
of ratcheting up truck sizes and weights in states and in Congress to
increase the amount of freight that can be transported in each load.
Once a few states increase weight limits, the pressure builds on
neighboring states to do the same in order to stay competitive.
Eventually Congress is called on to raise Federal weight limits for the
sake of national uniformity. It was this divide-and-conquer approach
that was successful in getting Congress, in 1982, to increase the
weight limit for Interstate highway system to a total of 80,000 pounds,
and force the states to accept these bigger, heavier trucks with
longer, wider trailers on hundreds of thousands of miles of state
highways as well as on the Interstate system.
The industry approach of trying to get a few states to increase
weight limits is well underway now and being carried out by industry
lobbyists today in Maine and several other states. The trucking
industry is pressing Congress and the states to allow trucks that weigh
97,000 pounds or more, despite safety concerns about such large trucks
and the destruction and delays caused when they crash or roll over.
Bigger, heavier trucks have longer stopping distances, have a higher
center of gravity and are more unstable, especially when operating at
highway speeds, and thus more prone to be involved in a crash. Although
large trucks represent only about three (3) percent of motor vehicle
registrations, large trucks are involved in about eight (8) percent of
all fatal motor vehicle crashes and 12 percent of all traffic
fatalities annually. The special interest lobbying effort to increase
the Federal truck weight limit is being pressed despite the fact that
heavier trucks destroy and damage the highway and bridge infrastructure
at astounding rates. There is currently a huge backlog of repairs
needed for Interstate highways and bridges, and many Interstate bridges
are structurally deficient or functionally obsolete. It costs tens of
billions of dollars to restore these roads and bridges to a safe
condition, enormous sums that most state DOT don't have. Nevertheless,
the trucking industry is undaunted and unapologetic in its push for
ever higher weights and larger trucks.
Longer Combination Vehicles: Longer Combination Vehicles (LCVs),
large doubles and triples, are truck tractors pulling multiple (2-
double, or 3-triple) trailers and can be over 100 feet in length.
Doubles can be arranged in several different forms depending on whether
28-foot, 48-foot or 53-foot trailers are combined, while triples are
generally three 28-foot trailers pulled behind a truck tractor. LCVs
are highly unstable in terms of lane control, slight steering changes
often cause the last trailer to move into adjacent lanes of traffic,
especially in crosswinds, and LCVs frequently encroach on other lanes
of traffic when making turns. In 1991, Senator Frank Lautenberg (D-NJ)
led a successful effort to ``freeze'' LCVs, allowing them to continue
to operate where they had previously been operating, mostly in western
states, but not allowing any expansion into new routes or states. The
trucking industry has been relentless in pressing to repeal the LCV
freeze and to expand the range of LCVs by forcing them onto new routes
and into additional states. Safety groups are facing their biggest
battle in Congress this year in stopping a repeal of the LCV freeze in
order to allow double and triple-trailer trucks throughout the United
States.
In conclusion, the safety of all of our families, friends and
colleagues are at stake. We can't afford to wait any longer for
improvements in motor carrier safety and we can't afford to gamble on a
former trucking executive making the right choices and the right
decisions. FMCSA needs a leader and the public deserves an
Administrator who is an avowed safety advocate without industry
conflicts and will promote policies and programs that advance the
health and safety of all motorists and not the economic interests of
the industry. The American public expects nothing less.
______

Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Cynthia L. Quarterman
Question 1. In your current capacity, you have represented the
industries that you are going to be expected to regulate in your role
as Administrator. Will these experiences affect your ability to enforce
the safety laws and regulations within the industries you have
represented?
Answer. Having directed a major Federal safety agency, I understand
the need to maintain an arm's length relationship with the industries
that one regulates. I am committed to the agency's safety mission and,
if confirmed, I will use all of my experiences to ensure that the
agency fulfills its duty to protect Americans from the risks inherent
in transportation of hazardous materials. I will also maintain the
transparency of the agency's actions, as well as the inclusiveness of
its deliberative process.

Question 2. How will you work to improve the culture of safety at
Pipeline and Hazardous Materials Safety Administration (PHMSA)?
Answer. If confirmed, I will make this my top priority. I have led
a major Federal safety agency and I understand the critical role that
the Pipeline and Hazardous Materials Safety Administration's people
play in protecting the public and the environment as well as the people
working on the critical infrastructure. My strong belief in this
agency's safety mission will be communicated, through the timely
implementation of the Action Plan that Secretary LaHood initiated and
through a focus on all open NTSB recommendations.

Question 3. PHMSA has already made progress toward informing trade
associations that special permits were issued to member companies only,
not to the association or organization. How will make sure member
companies are aware of and compliant with the specifications of their
permits?
Answer. I understand that PHMSA issued an advisory clarifying that
member companies are individually responsible for a special permit.
Further, these companies are being contacted to ensure that they are
aware of their requirements under the special permit. If confirmed, I
will take a look at these and other efforts to make sure member
companies are compliant with the specifications of their permits.

Question 4. The Pipeline and Hazardous Materials Safety
Administration is still a relatively young agency with several very
important missions before it. If confirmed as the next Administrator,
what will be your priorities for the agency and what are the main
challenges to safety in the hazardous materials transportation and
pipeline sectors?
Answer. If confirmed, my top priorities will be to ensure that the
Action Plan for the Hazardous Materials Special Permits program is
implemented in an aggressive manner and I will take a look at the
Pipeline Safety program to have a better understanding of the
challenges it may be facing. Another priority will be the need to
refocus the agency on its safety mission. I understand the critical
role it plays in protecting the public and the environment, as well as
the people working in pipeline and hazmat transportation.

Question 5. PHMSA's mission includes coordinating the safe and
secure transportation of hazardous materials across all modes of
transportation. How will you work with DOT modal administrators to
improve communication and coordinate efforts to ensure the safe
transportation of hazardous materials?
Answer. I understand that under the Action Plan, PHMSA, working
with the modes, has developed a coordination policy. If confirmed, I
will review this policy and make sure that it is effective.

Question 6. Currently, PHMSA has 35 inspectors and seven field
supervisors responsible for overseeing the 300,000 or more entities
that transport hazardous materials. Do you believe PHMSA's staffing
levels are adequate to enable PHMSA to perform its mission?
Answer. I understand that the agency received additional inspectors
in the FY 2009 budget. I also understand the agency/DOT has asked
Congress for more inspectors in FY 2010. If confirmed, I will evaluate
whether additional inspectors are required.

Question 7. The Department of Transportation Inspector General has
raised concerns about the special permitting and approval processes at
PHMSA. PHMSA initiated an Action Plan, which is a good first step
toward reforming the special permitting process. What will you do to
ensure the action plan continues to be implemented and that changes
required by the plan remain permanent?
Answer. If confirmed, I will continue to work with the PHMSA staff
to ensure that the deadlines set forth in the Action Plan are addressed
in a timely manner. I will also take a closer look at the agency to see
where additional reform is needed.

Question 8. Ms. Quarterman, PHMSA currently regulates the safety of
the Nation's small network of interstate carbon dioxide pipelines. As
you know, being able to capture and sequester the emissions of coal is
widely regarded as critical to reducing carbon dioxide emissions while
allowing for the continued use of coal to meet our energy needs. If
Congress passes legislation calling for greater reliance on carbon
capture and sequestration technologies to help combat global climate
change, do you believe that PHMSA's existing framework for the safety
regulation of carbon dioxide pipelines is clear and workable in the
face of a massive build out of new carbon dioxide pipelines?
Answer. If confirmed, I will ensure that PHMSA continues to work
with the Committee, its Federal and State partners, and the industry to
prepare for the safe operation of new or extended carbon dioxide
pipelines. It is my understanding that the existing pipeline safety
program administered by PHMSA has provided effective oversight over
thousands of miles of carbon dioxide pipelines since 1991 and will
accommodate new and expanded carbon dioxide pipelines, however they are
configured.
______

Response to Written Questions Submitted by Hon. Tom Udall to
Cynthia L. Quarterman
Question 1. Ms. Quarterman, pipelines are a key component of our
Nation's transportation infrastructure. Many Americans are probably not
aware that they live, work, or pursue recreational activities near
pipelines. Ensuring their safety is an issue I take very seriously.
In 2000, a quiet summer morning was shattered when a gas pipeline
ruptured and burst into flames near Carlsbad, New Mexico. The fireball
could be seen twenty miles away. Tragically, twelve people who were
camping along the Pecos River died.
This was the worst pipeline accident in the continental United
States. I wish I could say that it was the last. Yet tragedy struck
again since then. I am concerned that PHMSA still has not done enough
to prevent further pipeline catastrophes. What are your priorities for
PHMSA's work related to pipeline safety?
Answer. First, strengthening and fortifying the rigor of PHMSA's
pipeline safety inspection and enforcement program will be among my top
priorities if I am confirmed. I know that much has been done since the
tragedy at Carlsbad; however, safety requires constant vigilance and I
commit to give that my highest attention. Second, providing adequate
support--both financial and technical--for PHMSA's State partners will
also be key to pipeline integrity. Last, I also believe that we must
better use and develop technology that enables pipeline operators to
more effectively and efficiently identify and eliminate threats. If
confirmed, I would like to work with the Committee to establish a clear
roadmap to bringing improved focus on technology's role in pipeline
safety.

Question 1a. What is your vision for an effective pipeline safety
enforcement program?
Answer. I believe that firm, but fair, enforcement is an essential
element in a performance-oriented safety program. However, it alone
will not provide the level of safety and environmental protection we
demand. PHMSA must also have a clear and consistent regulatory program,
rigorous oversight, technology development and deployment, and
technical education and assistance--particularly for the thousands of
small operators--to achieve the pipeline safety goals of the
Department. Finally, PHMSA must engage those who also own a share of
responsibility for pipeline safety--like land use planners, and the
public, in ensuring the accuracy of our goals and support for our
programs.

Question 2. Ms. Quarterman, not far from the United State Senate,
trains carry hazardous materials through the heart of Washington, D.C.
In fact, all across the country, trucks and trains pass through
communities carrying hazardous cargoes such as ammonia, chlorine, and
highly flammable fuels.
PHSMA has an important responsibility in ensuring the safe and
secure shipment of these dangerous materials. What efforts should PHMSA
undertake to improve safety and emergency preparedness? How can PHSMA
better help local governments and communities with pipeline and
hazardous materials safety and emergency preparedness? Are there any
changes to current law you would recommend to strengthen the state and
local government role in emergency preparedness?
Answer. I understand PHMSA has a number of initiatives that address
emergency preparedness, including a $28 million grant program to train
emergency responders. Further, the agency works closely with the fire
fighting community to develop ``best practices'' for responding to
hazmat emergencies. It also works with stakeholder groups in their
communities that have a role in emergency planning. I'm very supportive
of these programs. If confirmed, I will meet with the agency's staff
and congressional committees to determine how we might strengthen the
state and local government's role in emergency preparedness.

Question 3. You will be taking over the helm of an agency that
needs to redouble efforts to earn the public's trust, particularly in
communities that have been directly affected by pipeline incidents.
What measures will you put in place to restore the public's trust in
PHMSA and demonstrate to the public that PHMSA will act in the most
professional and ethical manner under this Administration?
Answer. I believe in this agency's safety mission and will ensure
that the agency demonstrates its commitment to safety time and again. I
will also encourage open communication and transparency within the
agency.

Question 4. President Obama has made government openness a priority
for his administration. What will you do to improve openness and
transparency at PHMSA? How can PHMSA expand public access to agency and
pipeline information, rulemakings, and safety measures that affect
their communities?
Answer. If confirmed, this will be one of my top priorities; I'm
committed to addressing the President's transparency initiative and
will look for ways to further open communications with stakeholders
through public meetings, PHMSA's website, and new information
technologies.

Question 5. The Department of Transportation's Inspector General
recently found that PHMSA has not addressed longstanding safety issues
raised by the National Transportation Safety Board (NTSB). The
Inspector General office further called into question the effectiveness
of PHMSA's process for approving special permits for shipping hazardous
materials. Will you commit to this committee that, as PHMSA
Administrator, you will address the concerns raised by the Inspector
General and NTSB? When can this committee expect to see a PHMSA plan
and timeline for addressing the specific recommendations of the
Inspector General and NTSB?
Answer. Absolutely. If confirmed, I will ensure that the Action
Plan that Secretary LaHood initiated is implemented in a timely manner.
I will also review and take action, where appropriate, on all open
recommendations from the National Transportation Safety Board.
______

Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to

Cynthia L. Quarterman
Question 1. This Committee has long enjoyed a close and productive
working relationship with the agencies within its jurisdiction. We rely
on the legal and technical expertise of agency staff when developing or
reviewing proposed legislation. Can all members of the Committee, and
the staff on their behalf, count on this cooperative relationship
continuing?
Answer. Absolutely. If confirmed, I look forward to the continuing
cooperative relationship.

Question 2. Based on your experience in the field of
transportation, what will your top priorities be at PHMSA?
Answer. If confirmed, my top priorities will be to address concerns
raised by the Congress and the DOT Inspector General regarding the
Hazardous Materials program. I will also want to look at how the
Pipeline Safety program is addressing the mandates of the Pipeline
Inspection, Protection and Enforcement Act of 2006. Another priority
will be to address the safety culture in the agency and take reform
actions where necessary.
______

Response to Written Questions Submitted by Hon. John Thune to
Cynthia L. Quarterman
Question 1. What do you believe is the most important action
Congress should take in our efforts to reauthorize the Pipeline and
Hazardous Materials Safety Administration, which is expected to be
addressed as part of the highway bill?
Answer. The Obama Administration has not put forward a
recommendation for reauthorization of the Hazardous Materials program
as part of the Surface Transportation bill. If confirmed, I will work
with department officials to address ways to strengthen the Hazardous
Materials program. Key to strengthening the capability of the program
is making sure that there are enough enforcement personnel; that data
analysis needs are addressed along with improved Information Technology
infrastructure; and that training is provided to emergency response
personnel that respond to hazmat incidents.
The Pipeline Safety program will be up for reauthorization in 2010.
If confirmed, I will work with the Administration and the Congress on
the reauthorization of this important safety program.

Question 2. What do you consider to be the most pressing issue
facing the agency today, and how do you hope to address that issue, if
confirmed?
Answer. The most pressing issue facing the agency is the need to
refocus on its safety mission. If confirmed, I will make this my top
priority--reestablishing a safety culture from the top to bottom.
Having led a major Federal safety agency, I understand the critical
role it plays in protecting the public and the environment, as well as
the people working in pipeline and hazmat transportation.
______

Response to Written Questions Submitted by Hon. Roger Wicker to
Cynthia L. Quarterman
Question 1. In 2002, Congress established an integrity management
program for natural gas transmission pipelines, which in turn required
that such pipelines undertake baseline inspections of their systems in
populated areas, and then re-assess these segments every 7 years
thereafter. A 2006 GAO report recommended that these reassessment
intervals be based on the actual risk associated with a given pipeline
segment, rather than a one-size-fits-all approach. Risk based
allocation of resources was noted by the GAO as a superior method of
focusing finite resources. Former PHMSA Administrator Admiral Thomas
Barrett made the same recommendation to Congress several years ago.
Will you maintain this recommendation to Congress as the next
reauthorization of your pipeline authority commences?
Answer. I believe the integrity of the Nation's energy
transportation network to be one of my top priorities--and rigorous,
risk-based testing is critical to pipeline safety. If confirmed and
after getting briefed thoroughly on this issue, I would very much
welcome the opportunity to advance the dialog begun by the GAO and
Admiral Barrett. If confirmed, I will assure you that I will meet with
the Committee to discuss this matter in detail.

Question 2. The PHMSA programs and state grants are funded almost
exclusively through user fees assessed on hazardous liquid pipelines,
natural gas transmission pipelines, and liquefied natural gas
facilities. As I understand it, PHMSA is required to allocate its costs
across these pipeline sectors on an annual basis, and make adjustments
in the user fees to fairly recover these costs. However, one sector of
the industry, natural gas distribution, does not pay user fees to
PHMSA. This is becoming important, since it appears that the PHMSA
program and state grant monies are increasingly being used for
important natural gas distribution safety efforts. During the debate on
the Transportation and HUD Appropriations bill last week, several
members of the Senate Appropriations Committee asked PHMSA to provide a
breakdown of how program funds and state grant monies are allocated
across the various pipeline sectors, ``in order to better assess the
current program priorities at PHMSA, and to determine how these user
fees are being allocated across the regulated community.'' Can you
commit to providing this information on a timely basis to the Senate?
Answer. If confirmed, I will provide this information promptly
after assuming my duties. While it appears from my research to date
that there is substantial support for the pipeline safety goals
established for PHMSA under the PIPES Act, I understand that there are
competing views on how the strategies to achieving these goals are to
be funded. I do understand that PHMSA reported to the Congress on this
general topic in 2008.
______

Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Anne Ferro
Question 1. In your current capacity, you have represented the
industry that you are going to be expected to regulate in your role as
Administrator. Will these experiences affect your ability to enforce
the safety laws and regulations within the industry you have
represented?
Answer. As I said in my statement before the Committee, I am a
public servant at heart with a passion for highway safety and a
commitment to good government. I clearly demonstrated this during my
time in Maryland's legislative branch and as Administrator of
Maryland's Motor Vehicle Administration.
I brought this same passion to my service as President of the
Maryland Motor Truck Association where I followed the guiding
principles of fairness, integrity, teamwork, respect for others, and
hard work. My years representing the hardworking drivers of Maryland
and the trucking companies that employ them will enable me to more
effectively administer this Nation's motor carrier safety laws and
regulations. I have seen first hand how low barriers to entry into the
trucking industry and intense competition for freight encourage some in
this industry to push the limits of safe operation and put the driving
public and other commercial drivers at risk. I have observed the impact
of uncompensated time, compensation by the mile or load, and how
drivers may feel pressure to operate unsafely.
If confirmed as Administrator of the Federal Motor Carrier Safety
Administration, I would be committed to rolling out tougher safety
standards for entry into the truck and motorcoach industries. I would
be committed to considering a rule to require the universal use of
electronic on board recorders and to address the issue of uncompensated
time and compensation by the mile or load. I would be committed to
implementing effective strategies for identifying and sanctioning high
risk motor carriers.

Question 2. How will you work to improve the culture of safety at
the Federal Motor Carrier Safety Administration (FMCSA)?
Answer. The culture of any organization starts with its leaders. My
professional success along the way has rested on the guiding principles
of fairness, integrity, teamwork, respect for others and hard work. I
would bring these guiding principles with me to FMCSA if I am confirmed
and expect the same from my managers and employees.
If confirmed, I would focus on effective communication between
leadership and the workforce including greater employee engagement and
improved organizational practices that should result in a more
satisfied, higher performing work force. I would also seek to improve
leadership effectiveness through a number of initiatives including a
comprehensive leadership development program.

Question 3. Recently, there has been increased attention given to
accidents caused by distracted drivers using electronic devices to send
text messages. What steps would you implement at FMCSA to address this
unsafe activity?
Answer. The Department of Transportation is sponsoring a Distracted
Driving Summit on September 30-October 1, 2009. It is my understanding
that at this Summit, Secretary LaHood will be announcing a number of
new initiatives to reduce driver distraction. As this issue relates to
FMCSA, I understand that FMCSA is working on two studies to further
evaluate issues related to driver distraction. The first study
investigates distraction in commercial trucks and motorcoaches. This
study will go further than any study previously undertaken as it will
use a database of nearly 14 million driving events to study the
prevalence of driver distraction in conjunction with crashes and near-
crashes. The second study focuses on safety practices relating to the
use of cell phones and personal digital assistants (PDAs) in commercial
truck and bus operations, including current practices to limit PDA use.
It is my understanding that both of these studies will be completed in
February 2010, and the report published subsequently. If confirmed, I
would look forward to examining the results of these studies, using the
data to support future Agency actions and rulemakings, and considering
other steps to address accidents caused by drivers sending text
messages.

Question 4. FMCSA's historic lack of oversight and enforcement of
the household goods industry has left many consumers unprotected from
dishonest household goods movers. How would you make sure that FMCSA
more aggressively protects consumers from unscrupulous household goods
movers?
Answer. As the former head of a state licensing agency, I
understand the many challenges that a regulatory agency faces in
dealing with individuals and companies that fail to comply with
applicable rules.
While FMCSA has made some progress in oversight of the household
goods (HHG) industry, more needs to be done. If confirmed as
Administrator, I would work to fully implement FMCSA's ``vetting''
process for new HHG carriers to prevent unscrupulous carriers from
evading enforcement actions by re-establishing themselves under a new
business name. I would also work to improve the Agency's HHG consumer
complaint information so that consumers would have access to more
information about complaints filed against HHG carriers. Finally, I
would explore other regulatory and non-regulatory options to strengthen
consumer protection.

Question 5. The reauthorization of Federal surface transportation
programs will provide us an opportunity to implement reforms to the
FMCSA to reduce the number of crashes, injuries, and fatalities
occurring on our Nation's highways. Are you committed to working with
the Commerce Committee to meet these goals? What do you believe
Congress should consider as it works to reauthorize the FMCSA?
Answer. In 2008, FMCSA reached out to stakeholders such as safety
advocacy groups and labor, state enforcement agencies, the motorcoach
industry, and the trucking industry to identify areas where the
stakeholders believe the Agency should consider seeking additional
authority from Congress. The Agency also requested input from its Motor
Carrier Safety Advisory Committee, a 15-member committee established in
2007 with individuals from safety advocacy groups, law enforcement, and
industry and labor, to provide the Agency with their views on
reauthorization.
Based on what I have heard from other stakeholders in my capacity
as President of the Maryland Motor Truck Association, some of the major
topics identified for reauthorization through this collaborative
process are:

Strengthening FMCSA's enforcement authority;

Reforming the Agency's grant programs to the states to
provide increased flexibility;

Implementing on a nation-wide basis safety programs such as
Performance and Registration Information Systems Management
(PRISM), Commercial Vehicle Information Systems and Networks
(CVISN), and Ticketing Aggressive Cars and Trucks (TACT).

If confirmed, I look forward to working with the Committee and
other stakeholders on reauthorization legislation that will lead to
significant improvements in truck and bus safety.

Question 6. Ms. Ferro, in January 2009 you co-signed a letter to
The Baltimore Sun supporting a controversial Bush Administration Hours
of Service rule for commercial motor vehicle operators. In the letter,
you stated that the Bush rule would have made trucking safer and that
``. . . reversing the 2004 change in the hours-of-service regulations
would be foolish, [and] would make our highways less safe and would
cost lives.'' As you know, the Bush Hours of Service rules have twice
been overturned by the U.S. Court of Appeals. Please explain to me why
you wrote in support of this rule. If confirmed, will you re-visit the
Hours of Service rules to ensure that truck drivers are able to receive
sufficient rest in order to allow them to operate safely?
Answer. The primary purpose of my letter to The Baltimore Sun was
to point out that its editorial presented only one side of a very
complex issue. The hours-of-service changes put in place by FMCSA did
more than just allow an extra hour of driving. They also required two
additional hours of rest and forced truckers to stop driving 14 hours
after coming on duty, thus helping to maintain drivers' circadian
rhythm. I believed the rule needed to be viewed as a whole.
Having said that, I am deeply committed to safety. It has been my
primary goal throughout my career and, if I am confirmed, it will be my
mission at FMCSA. Too many people are injured or die in truck and bus
crashes. In making decisions regarding hours-of-service rules or any
other topic, safety will be my guide. One of my top priorities would be
to improve the hours-of-service rules, starting with stakeholder input,
sound analysis, and use of the best available research and data.
Fatigue has a profound impact on commercial vehicle operators in every
mode of transportation; I would pursue strategies to identify the
sources, remediate and reduce the incidence of fatigue in motor carrier
operations. I will go where the evidence leads me in improving this
rule.

Question 7. Ms. Ferro, the DOT Inspector General, NTSB, and the GAO
have recommended that the FMCSA address many issues under its
jurisdiction, including its CDL program, driver drug testing, and
driver hours of service. How would you prioritize implementing these
changes at FMCSA?
Answer. I take the recommendations of these audit agencies
extremely seriously and value their perspective. I am aware that FMCSA
develops and implements detailed action plans for all accepted
recommendations. I have been told that the three important programs you
cited have been prioritized by FMCSA, and I can assure you that they
will remain priorities if I am confirmed.
______

Response to Written Questions Submitted by Hon. John D. Rockefeller IV
on Behalf of Hon. Sherrod Brown to Anne Ferro
Question 1. The pending Motorcoach Enhanced Safety Act, S. 554 and
H.R. 1396, propose comprehensive improvements in motorcoach safety. The
Federal Motor Carrier Safety Administration (FMCSA) would have
jurisdiction over a number of the provisions that address motorcoach
operations. At a hearing last September 18, 2008, before the Senate
Subcommittee on Surface Transportation and Merchant Marine
Infrastructure, Safety, and Security of the Committee on Commerce,
Science and Transportation, witnesses representing the National
Transportation Safety Board (NTSB), the National Highway Traffic Safety
Administration (NHTSA) and FMCSA stated that they have no objections to
the provisions in the MESA bill. Do you agree with their views?
Answer. As stated at that hearing, FMCSA supports many of the
provisions of the bill. It is my understanding that the FMCSA staff has
been working with your staff to provide specific information when
requested. If confirmed, I will continue this support.

Question 2. In TEA-21, Congress extended FMCSA's jurisdiction over
interstate motor carriers of passengers to cover small commercial
vehicles carrying between 9 and 15 people, including a driver, for
compensation. However, FMCSA does not appear to have taken vigorous
steps to identify these carriers, require them to register with the
agency and get operating authority, and oversee their compliance with
the Federal Motor Carrier Safety Regulations. What will you do to
correct this failure if you are confirmed as FMCSA Administrator?
Answer. If I am confirmed, I will work to ensure this regulation is
completed as expeditiously as possible. I am aware the FMCSA is working
to fulfill the TEA-21 and SAFETEA-LU requirements for 9-15 passenger
carriers and that a Final Rule is currently in development and is on
track to be published in 2010. After publication, FMCSA will work with
its safety partners to implement the new regulatory requirements.

Question 3. The Volpe National Transportation Center released a
study a few months ago showing that motorcoach fires are an epidemic
that have gone on for years. Everyday some news media outlet somewhere
in the U.S. reports a motorcoach fire. What would you do if confirmed
as Administrator to reduce the frequency and severity of these
dangerous fires? Can you take steps to improve motorcoach fire safety
right away, in advance of any new safety regulations issued by NHTSA?
Answer. I share your concerns about the need to reduce the
incidence of motorcoach fires. While the number of motorcoach fires
that result in fatalities is limited based on the Volpe study, the
potential for a loss of life is significant, as we saw from the tragic
Wilmer, TX motorcoach fire in 2005.
If confirmed as Administrator, I will explore options for working
with safety advocacy groups, organized labor, state enforcement
agencies, and the motorcoach industry to identify actions that can be
taken to enhance motorcoach inspection, repair, and maintenance
programs so that mechanical conditions and vehicle components
associated with fire risks have the attention they deserve in fleet
maintenance programs and safety inspections.
I will also work with the appropriate executives in NHTSA in the
implementation of the Department's forthcoming Motorcoach Safety Plan
announced by the Secretary earlier this year.

Question 4. Would you be willing to mandate an important safety
technology for motor carriers, including motorcoaches, even without a
safety standard already adopted by NHTSA?
Answer. If confirmed, I am committed to working with the technical,
legal and policy experts within FMCSA, NHTSA, and the Office of the
Secretary to explore regulatory options for mandating important safety
technology. I would work with the appropriate senior staff within the
Department to explore these issues as they come up.

Question 5. If you are confirmed as FMCSA Administrator, what will
you do to accelerate FMCSA's action on the numerous recommendations
made by the agency's Medical Review Board to amend the current
commercial driver physical qualifications?
Answer. I am familiar with the work of FMCSA's Medical Review Board
and the recommendations that the Board has provided to FMCSA. Based on
comments that the Agency's staff has made in public forums, I believe
work is underway on several medical rulemakings based on the MRB's
recommendations. It is my understanding the Agency is currently working
on rulemakings concerning the vision standard, criteria for drivers
with diabetes, the cardiovascular standard, and pulmonary conditions
(including sleep apnea).
If confirmed, I will work with FMCSA's senior executives in
reviewing the Agency's regulatory priorities to ensure that the
medical-related rulemakings progress in a more timely manner.

Question 6. Despite Congress enacting a provision more than 4 years
ago requiring FMCSA to establish a national medical registry and set
requirements for admitting health care providers to the list of
providers qualified to conduct commercial driver physical examinations,
no Registry has been adopted and no rulemaking proposals have been
issue on what the criteria should be for admittance to the Registry. If
confirmed as Administrator, how quickly can you act to conduct
rulemaking and get the Registry underway?
Answer. The FMCSA published the notice of proposed rulemaking to
establish the National Registry of Certified Medical Examiners on
December 1, 2008. The proposal requested public comments from all
interested parties on requirements for including medical examiners on
the national registry, including training and testing provisions.
If confirmed as Administrator, I will work with FMCSA's senior
executives to review the Agency's regulatory agenda, to ensure the
completion of the publication of the final rule in 2010.

Question 7. The final rule issued by FMCSA several months ago
merging the CDL with the medical certificate still has cardinal
weaknesses, which have been pointed out to FMCSA in docket comments
filed by health providers, state licensing agencies and commercial
motor vehicle safety organizations. Are you planning to correct these
mistakes and strengthen the rule if you are confirmed as Administrator?
Answer. As the former head of a state licensing agency, and head of
a state trucking association, I acknowledge the complexities of FMCSA's
rulemaking to merge the medical certification process with the
commercial driver's license (CDL) issuance and renewal process. I
believe the rulemaking represents a major step forward in terms of
requiring the state licensing agencies to put into place the
information technology (IT) systems to capture electronically drivers'
medical certificates and to automatically downgrade the CDL after a
driver's medical certificate expires.
FMCSA's December 1, 2008, rule does not prevent the Agency from
considering a future notice-and-comment rulemaking on this topic.
Therefore, I look forward to working with the states, the medical
examiner community and other important stakeholders to explore this
regulatory option and to address any other concerns about the December
1, 2008, final rule.
______

Response to Written Questions Submitted by Hon. Maria Cantwell to
Anne Ferro
Question 1. Ms. Ferro, what was the experience of the Maryland
Department of Transportation and Maryland truckers with the deployment
of the FMSCA's Commercial Vehicle Information Systems and Networks
(CVISN)? Based on that experience, are there specific things you
believe you can apply to the national core (and expanded) deployment of
CVISN--whose progress to date has been uneven at best?
Answer. Maryland was one of the first States to begin deploying
FMCSA's Commercial Vehicle Information Systems and Networks (CVISN) and
had the first Commercial Vehicle Information Exchange Window, a core
CVISN requirement. Under the CVISN Program, Maryland led the country in
development of an electronic credentialing system for the International
Registration Plan. It is now one of 23 States that FMCSA has certified
as compliant with core CVISN. Maryland has recently made use of
Expanded CVISN funds to implement virtual weigh station projects. The
Maryland CVISN stakeholders group includes the Maryland Motor Truck
Association as well as the Maryland Motorcoach Association, and
Independent Truckers and Drivers Association.
I know one reason for uneven CVISN deployment is that States differ
in their ability to devote their own funds to match the Federal funds
required by statute. The 50:50 match requirement is the most stringent
match requirement among FMCSA's grant programs, and many States
struggle to meet that funding requirement.
Question 2. Ms. Ferro, as you know, the National Transportation
Safety Board (NTSB) continues to recommend that Electronic On-Board
Data Recorders (EOBRs) be installed by all interstate commercial
vehicles to maintain accurate carrier records on driver hours of
service and accident conditions. In its notice of proposed rulemaking
(NPRM) issued in January 2007, my understanding is that FMSCA was
looking at EOBRs only for those carriers that have demonstrated a
history of serious noncompliance. To date, no final rule has been
issued. If confirmed, do you intend to issue a final rule on the
January 2007 NPRM? If confirmed, would you consider revising the
January 2007 NPRM to cover all interstate commercial vehicles? What
data, information, or research do you need to help you make the
decision on whether to expand the January 2007 NPRM to cover all
interstate commercial vehicles?
Answer. I share your concerns that FMCSA's January 2007 NPRM
focused on only a very small percentage of interstate motor carriers.
Given the frequency with which State enforcement personnel cite truck
drivers for violations of the hours-of-service regulations during
roadside inspections, the Agency should consider additional actions to
bring about increased compliance with the safety regulations.
If confirmed, I will work with the senior executives in FMCSA and
the Secretary to consider a new rulemaking to expand the EOBR mandate
to a much larger population than the Agency proposed in 2007. I would
work with the appropriate legal and economic experts to identify the
data necessary to support each of the regulatory options, including a
regulatory option for a universal mandate for interstate carriers to
install EOBRs on all their vehicles.
Question 3. Ms. Ferro, I have a series of questions related to the
implementation of NAFTA's trucking provisions. Do you believe that the
safety of Mexican trucks has improved over the past decade?
Answer. Yes. In the last decade there has been a significant
improvement in the safety of Mexican commercial motor vehicles and
drivers entering the United States. This is reflected in the lower out-
of-service rates, increased number of inspections being performed, and
the enhanced safety procedures implemented by Mexico and the United
States. The FMCSA, working with its State partners, has dedicated
increasing resources over that time and seen commensurate improvements
in Mexican commercial motor vehicle safety performance.
Question 3a. Do you believe that truck out-of-service rates are
good indicators of safety?
Answer. Truck out-of-services rates are one of many different
indicators that are useful in evaluating a motor carrier's safety
performance. A comprehensive methodology, such as Comprehensive Safety
Analysis (CSA) 2010, that utilizes driver, vehicle and motor carrier
behaviors to arrive at a safety fitness determination is equally
useful. Additionally, a motor carrier's safety management controls and
programs, such as hour-of-service and controlled substance monitoring
programs, are important indicators of a motor carrier's safety
condition and ability to ensure continued safety improvements.
Question 3b. Based on the data collected from the year long U.S.-
Mexican cross border trucking pilot, such as data on truck out-of-
service rates, do Mexican trucks operating in the U.S. have a
comparable safety record to U.S. trucks?
Answer. One critical measure of safety is out-of-service rates.
During the United States-Mexico Cross Border Demonstration Project
(from 9/06/2007 to 03/11/2009), every participating long haul vehicle
was checked for a current Commercial Vehicle Safety Alliance inspection
sticker indicating that the required inspection on the vehicle was
valid before it crossed into the United States. The driver and vehicle
out-of-service (OOS) rates were lower for Mexico-domiciled carriers
than national averages for U.S.-domiciled carriers during the same
period:

----------------------------------------------------------------------------------------------------------------
Mexico-domiciled carriers U.S. Average
----------------------------------------------------------------------------------------------------------------
Driver OOS 0.4% 6.7%
Vehicle OOS 7.8% 22.4%
----------------------------------------------------------------------------------------------------------------

Question 3c. Should Mexican trucks and drivers providing long-haul
cross border service in the U.S. be held to identical standards as U.S.
domiciled motor carriers and drivers operating in the U.S.?
Answer. If any such program is implemented in the future, Mexican
carriers operating in the United States should meet the same level of
safety standards as U.S. carriers. All Mexican drivers should meet the
same level of driver qualifications and licensing standards as U.S.
drivers. All Mexican vehicles should meet the same level of safety
requirements as U.S. vehicles.
______

Response to Written Questions Submitted by Hon. Tom Udall to
Anne Ferro
Question 1. Ms. Ferro, you are well aware of the criticism
surrounding your nomination to lead FMCSA. I am aware of concerns, for
example, about your commitment to safety given some of the positions
you supported as president of the Maryland Motor Truck Association. As
Administrator, you would lead an organization with the primary mission
of reducing crashes, injuries, and fatalities involving large trucks
and buses. Can you assure this committee that, if confirmed, you will
make safety the highest priority at FMCSA? Does your past opposition to
stricter safety regulations for commercial vehicles reflect how you
would lead FMCSA?
Answer. I am deeply committed to safety. It has been my primary
goal throughout my career and, if I am confirmed, it will be my mission
at FMCSA. My principal objective would be to reduce the number of
people injured or killed in truck and bus crashes and to pursue
enforcement strategies that get unsafe carriers and drivers off the
road.
I have never been opposed to stricter safety regulations for
commercial vehicles. I believe that FMCSA should consider a broader
mandate for use of electronic on-board recorders (EOBRs) in commercial
vehicles. If confirmed as Administrator, one of my top priorities would
be to improve the hours-of-service rules, starting with stakeholder
input, sound analysis, and use of the best available research and data.
Fatigue has a profound impact on commercial vehicle operators in every
mode of transportation; I would pursue strategies to identify the
sources and remediate and reduce the incidence of fatigue in motor
carrier operations. I will go where the evidence leads me.

Question 2. Ms. Ferro, FMCSA has the important task of helping
ensure the safety of commercial vehicles on our Nation's roadways. This
involves not just the safety of the vehicle itself, but also the human
operator.
I believe stricter hours of service rules were a step in the right
direction. I would appreciate your thoughts on what more FMCSA can do
to improve safety. Under your leadership, how will FMCSA work to
prevent crashes involving commercial vehicles? How will FMCSA address
safety risks related to vehicle operators? Under your leadership, how
will FMCSA work to prevent crashes involving commercial vehicles?
Answer. If confirmed, I will prioritize the Agency's programs that
will have the most significant impact on reducing crashes. FMCSA's
Comprehensive Safety Analysis 2010 program will incorporate roadside
inspection and crash data and evaluate motor carriers against new
thresholds. With the intervention techniques, FMCSA expects to make
significantly more contact with carriers annually.
If confirmed, I will also ensure that the Agency completes its
implementation of the New Entrant Safety Assurance Process, which
applies a higher standard than ever before to new companies entering
the industry. The Agency is also expanding its vetting process to
identify carriers that are reestablishing themselves rather than
correcting safety deficiencies or paying fines.
In addition, if confirmed, I will also work closely with our safety
partners through grants and other initiatives to continue roadside
inspections, compliance reviews and investigations.

Question 3. How will FMCSA address safety risks related to vehicle
operators?
Answer. As for operators, it's all about the driver--that person's
health, qualifications, and work pressures. It also involves the
employer's commitment to provide safe equipment and a safe operating
environment at all times. It is my understanding that the Agency is
completing several rules that will directly impact drivers. These
address minimum training requirements for entry level driver training;
CDL testing and learner's permit requirements; ensuring medical
examiners are qualified to examine drivers; and the establishment of a
drug and alcohol positives database and requiring motor carriers to
check this before hiring.
The prioritization of the Agency's CSA 2010 program will result in
more motor carriers receiving contacts by FMCSA and our partners. In
addition, the Agency is developing a new Safety Fitness Determination
rulemaking that will change how carriers are rated and will make
carriers more accountable for their safety history and practices. If
confirmed, I will be committed to ensuring all these programs stay on
track and reap safety benefits for the American people.
______

Response to Written Questions Submitted by Hon. Mark Warner to
Anne Ferro
Question 1. With the long and congested stretches of Interstates 95
and 81 that traverse the state of Virginia, safety conditions for the
trucks traveling our roads are of great importance to my constituents.
Some stretches of I-81 in particular have as many trucks on the road as
cars and, as a result, the likelihood that an accident will result in
fatalities is nearly twice as great on I-81 as it is on I-95. You have
in the past offered your support for 2004 rules governing hours of
service (HOS) requirements. The Federal Court of Appeals, however, has
twice remanded the Hours-Of-Service rule back to the FMCSA with
questions about the reasoning and logic behind them. No major changes
have been made. What changes do you think need to be made to current
HOS rules? If confirmed, would you open a new rulemaking proceeding to
change the HOS rule?
Answer. I am deeply committed to safety. It has been my primary
goal throughout my career and, if I am confirmed, it will be my mission
at FMCSA. My principal objective would be to reduce the number of
people injured or killed in truck and bus crashes and to pursue
enforcement strategies that get unsafe carriers and drivers off the
road.
One of my top priorities at FMCSA would be to improve the hours-of-
service rules, starting with stakeholder input, sound analysis, and use
of the best available research and data. I believe that electronic on-
board recorders (EOBRs) could improve the safety of the commercial
vehicle industry, while also improving its efficiency. Fatigue has a
profound impact on commercial vehicle operators in every mode of
transportation. I would pursue strategies to identify the sources and
remediate and reduce the incidence of fatigue in motor carrier
operations. I will go where the evidence leads me.

Question 2. If confirmed, what position will you take on efforts to
increase current limits on truck weight and size? Do you support
increasing the truck weight limit on Interstates to 97,000 pounds?
Answer. FMCSA has no direct role in the regulation of vehicle size
and weight. If confirmed, however, I would ensure that any discussions
concerning size and weight policy include a thorough analysis of the
safety impact on the Nation's highways.

Question 3. In 1999, the Secretary of Transportation set an FMCSA
goal to reduce large truck crash fatalities by 50 percent in 10 years,
by 2008. That goal was never met. What performance goal does Ms. Ferro
think FMCSA can achieve, and to what specific actions will she take to
substantially reduce annual deaths and injuries in order to meet her
goal?
Answer. If confirmed as Administrator, I will work with the
Secretary, the Federal Highway Administrator, and the National Highway
Traffic Safety Administrator to reconsider the highway safety goal in
general, and to consider a more aggressive truck and bus safety goal.
While truck and bus safety has improved since the Agency was
established, I believe there is more than can be done.

Question 4. Finally, violations of hours of service requirements
among truck drivers are a common problem and we now have the
technology, through the use of electronic on-board recorders (EOBRs),
to address this safety hazard. How will you implement the increased use
of EOBRs? Do you believe these should be mandated?
Answer. I share your concerns about hours of service violations
among truck drivers. I am familiar with FMCSA's EOBR proposed
rulemaking which focused on only a very small percentage of interstate
motor carriers. Given the frequency with which state enforcement
personnel cite truck drivers for violations of the hours-of-service
regulations during roadside inspections, I firmly believe the Agency
should consider additional actions to bring about increased compliance
with the safety regulations.
If confirmed, I will work with the senior executives in FMCSA and
the Office of the Secretary to consider a new rulemaking to expand the
EOBR mandate to a much larger population than the Agency proposed in
2007. I would work with the appropriate legal and economic experts to
identify the data necessary to support any regulatory options
identified for a rulemaking, including a regulatory option for a
universal mandate for interstate carriers to install EOBRs on all their
vehicles.
______

Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to

Anne Ferro
Question 1. This Committee has long enjoyed a close and productive
working relationship with the agencies within its jurisdiction. We rely
on the legal and technical expertise of agency staff when developing or
reviewing proposed legislation. Can all members of the Committee, and
the staff on their behalf, count on this cooperative relationship
continuing?
Answer. Yes, I look forward to working with the all Members of the
Committee on any legislation impacting motor carrier safety.

Question 2. One of the most controversial issues faced by FMCSA in
recent years has been the hours-of-service provisions for commercial
motor vehicle drivers. The Agency's rules have been overturned in
Federal court multiple times, and the current rule is also under legal
challenge. What can FMCSA do to develop a rule that will not be
overturned by the courts?
Answer. With the new Administration in place, FMCSA has an
opportunity to take a fresh look at the research and data that led to
the current hours-of-service (HOS) rule. Since the current rule is now
5 years old, the Agency is in a position to examine what effect the
current rule has had on overall safety, driver health and wellness, and
crash involvement. The outcome of this examination should, of course,
lead to improvements that continue to place the health and welfare of
the driver and general safety concerns as our foremost objectives.

Question 3. Most oversight and licensing of commercial drivers is
done at the state level, and there are some inadequacies with the
current oversight framework. What can FMCSA do to improve communication
between states and improve medical oversight of drivers?
Answer. Every state (and the District of Columbia) manages its own
CDL licensing processes individually. They are connected by way of the
Commercial Driver's License Information System (CDLIS). Congress has
mandated an upgrade in both the system itself as well as improvements
in the consistency and accuracy of information exchanged among the
jurisdictions. This modernization process is underway and I will ensure
it is implemented as quickly as possible if I am confirmed.
With my experience as Maryland's Motor Vehicle Administrator, I
will personally reach out to the enforcement and motor vehicle agency
leadership in state agencies and their national association AAMVA to
elevate the importance of motor carrier safety to achieving their
safety missions.
In addition, if confirmed, I will ensure that FMCSA continues to
conduct regular compliance reviews of each state to assure they are
adhering to the regulations and to direct our field staff to work with
the states to assure the required improvements are made. I will also
direct FMCSA staff to provide regular opportunities for the states to
discuss common issues and problems through our coordinator meetings,
regularly scheduled conference calls, and bulletin updates.

Question 4. On April 30, Secretary LaHood ordered a departmental
review of commercial bus safety, in response to a string of fatal bus
accidents across the country in the past few years that was expected to
be completed in August. What is the status of that review?
Answer. It is my understanding that immediately upon receiving the
order from Secretary LaHood, the FMCSA began working with its sister
agencies to develop the Motorcoach Safety Action Plan. The draft Plan
was delivered to the Secretary in July. Secretary LaHood then requested
that additional stakeholder meetings take place to ensure that the
final Plan is comprehensive and that it fully addresses motorcoach
safety concerns. The first stakeholder meeting took place on September
15. I have been told that additional meetings with the NTSB and others
are being scheduled. At the conclusion of these meetings, any needed
revisions to the Plan will be made and the Secretary will issue the
final Plan.
______

Response to Written Questions Submitted by Hon. John Thune to
Anne Ferro
Question 1. South Dakota, like our neighboring states, plays a
vital part in the national transportation system. Our highways serve as
connectors for traffic and commerce that benefit citizens from other
states. In fact, more than two thirds of the truck traffic on highways
in South Dakota neither begins nor terminates in the state. What do you
believe is the most important action Congress could take to improve
truck and bus safety in rural America?
Answer. The rural road fatality rate is more than twice as high as
the urban road fatality rate, and more than 55 percent of highway
fatalities occur on rural roads. The Federal Motor Carrier Safety
Administration has implemented several programs to improve commercial
motor vehicle (CMV) safety on rural roads. Specifically, rural road CMV
safety is currently an emphasis area for the FMCSA's Motor Carrier
Safety Assistance Program (MCSAP), and in Fiscal Year 2009, FMSCA
awarded $2 million in High Priority discretionary grant funds to six
states to conduct high-visibility CMV traffic enforcement initiatives
in high-crash corridors along rural roads. Also, it is my understanding
that FMCSA has encouraged its MCSAP State partners to incorporate a
range of rural road CMV safety initiatives into their core MCSAP
programs. Additionally, FMCSA has established a Rural Road CMV Safety
Workgroup, comprised of national and state law enforcement and highway
safety officials. This Workgroup develops training videos and other
outreach materials to promote the importance of rural road CMV traffic
enforcement to those state and local law enforcement agencies not
accustomed to stopping large trucks as part of their traffic
enforcement efforts.
If confirmed, I will ensure that FMCSA focuses on additional
actions that would further improve CMV safety on rural highways.

Question 2. What are your views on how to best ensure that the
transportation needs of rural America are not overlooked at the
Department of Transportation--specifically the Federal Motor Carrier
Safety Administration--as it develops policy proposals?
Answer. I believe that the Department of Transportation is already
focused on the importance of rural community transportation needs to
the Nation. Specifically, in addition to those commercial motor vehicle
(CMV) safety efforts undertaken by FMCSA within its MCSAP grants
program (described above), FMCSA staff also currently participates in
the Department's Livability--Rural Focus Group Initiative, a multi-
modal working group established by the Office of the Secretary of
Transportation to identify current challenges faced by rural
communities in the areas of transportation access/connectivity and
safety, and to identify new programs and initiatives that would further
improve access and safety in rural communities. If confirmed, I look
forward to working on these and other efforts and I can assure you that
FMCSA will not overlook the transportation needs of rural America.

Question 3. What do you believe is the most important action
Congress should take in our efforts to reauthorize FMCSA as part of the
highway bill?
Answer. I fully support the Administration's efforts to work with
Congress on developing a comprehensive reauthorization bill that
includes key reforms, including safety improvements. I believe that an
extension of SAFETEA-LU that lays the groundwork for this reform would
provide a good opportunity for the new Administration to reach out to
stakeholders such as safety advocacy groups, organized labor, state
agencies, and the truck and bus industries to provide input on the
contents of a reauthorization bill.
If confirmed, I look forward to working with the Committee to meet
the safety goals of FMCSA through the reauthorization process.

Question 4. What do you consider to be the most pressing issue
facing the agency today, and how do you hope to address that issue, if
confirmed?
Answer. I consider the most pressing policy issues for the new
Administrator to be:

Pursuing strategies to remediate and reduce the incidence of
fatigue on motor carrier operations.

Improving the Hours of Service Rule; and

Considering a strengthened mandate for using electronic on
board recorders.

Additionally, among my most pressing issues if confirmed would be
to implement organizational strategies that enable the Agency's
managers and employees to focus on our core safety mission. As the
former head of a state licensing agency, I believe strong enforcement
is an important part of the Agency's current approach to improving
safety. I would continue the Agency's efforts to implement an enhanced
high-risk carrier identification and intervention program through the
Comprehensive Safety Analysis 2010 initiative.
FMCSA also needs to place a greater emphasis on working with safety
advocacy groups, state enforcement agencies, and the industry to
achieve improved levels of compliance with important safety
regulations. FMCSA must encourage motor carriers to adopt, on a
voluntary basis, best safety practices, such as those recommended by
FMCSA's Motor Carrier Safety Advisory Committee.

Question 5. In addition to truck and bus safety, FMCSA is
responsible for safeguarding consumers when they are using interstate
household goods carriers. Household goods shipments are unique in that
families entrust their entire household and most cherished possessions
to a motor carrier. The existing FMCSA regulatory scheme is intended to
provide consumers protection from incompetent or unscrupulous movers.
Unfortunately, unscrupulous ``rogue'' movers remain a problem. This
is particularly troublesome for legitimate small moving companies
struggling to survive during the current housing crisis and weak
economy. Would you support strengthening entry requirements to keep
unqualified movers off the road? Would you support committing
additional resources for an enhanced FMCSA enforcement program that
better protects consumers? How can we improve consumer education to
better help them protect themselves from rogue movers?
Answer. The new entrant requirements that take effect in December
this year will help ensure that new carriers are knowledgeable of the
regulations and compliant with them or face penalties including having
their DOT registration revoked.
Balancing the safety mission of the Agency with the responsibility
of regulating household goods (HHG) carriers will be one of the
challenges I will face as Administrator if confirmed. If confirmed, I
will work to ensure staff assigned to HHG oversight focus on where the
consumer complaints are most prevalent. I would prioritize FMCSA's
compliance and enforcement efforts on rogue HHG carriers who hold
consumers goods hostage. Finally, I would strengthen the relationship
with the Office of Inspector General (OIG) and seek its assistance in
carrying out the provisions of SAFETEA-LU, where it gives the OIG
statutory authority to seek criminal penalties against HHG carriers who
hold goods hostage.
If confirmed, I would want to improve FMCSA's outreach efforts with
consumers by working closer with the states, consumer entities, and the
HHG industry. Currently states have the authority to enforce
regulations against interstate HHG movers in Federal court. For various
reasons they choose not to. FMCSA needs to work closer with them so
that they enforce these regulations. Consumer entities such as the
Better Business Bureau receive thousands of HHG complaints each year.
In addition, the American Moving and Storage Association has programs
(arbitration and hostage goods recovery) that assist consumers.